Overcoming Visa Delay or Denial at a U.S. Embassy or Consulate

Visa Denials

Has your nonimmigrant or immigrant visa application been denied by a U.S. Embassy or Consulate? A visa application may be denied for one or more reasons, such as:

  • Some visa types can be refused under section 214(b) of the Immigration and Nationality Act for failure to prove nonimmigrant intent.
  • Visas can be refused under section 221(g) of the Immigration and Nationality Act for “administrative processing.”
  • A visa can be denied on the basis that you don’t meet one or more of the requirements for the specific visa type.
  • Certain classes of persons are statutorily ineligible for visas or entry. These classes are known as the “grounds of inadmissibility.” These grounds and available waivers are described in Inadmissibility and Waivers.

There is no opportunity to appeal a visa denial. Still, our law firm may be able to help you overcome the denial, such as by:

  • Motion for reconsideration
  • Submitting additional evidence to overcome a section 221(g) refusal
  • Requesting an advisory opinion from the Bureau of Consular Affairs’ legal counsel (LegalNet)
  • Congressional inquiry or requesting supervisorial review
  • Inquiry with the U.S. Embassy or Consulate
  • Reapplication

Visa Delays

Has your visa application at a U.S. Embassy or Consulate gotten stuck waiting for an interview or for adjudication of your appplication?

One reason a case may get stuck is long-pending “administrative processing.” This refers to temporary visa refusal pending further investigation of a visa application.

Whatever the reason for delay in your case, our law firm may be able to get it unstuck by using various approaches tailored to your specific situation, such as:

  • Inquiry with the U.S. Embassy or Consulate, or escalating that inquiry to the post’s management
  • Congressional inquiry
  • Request expedited appointment or adjudication
  • Mandamus or Administrative Procedures Act (APA) action in Federal Court

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