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How to appeal denial of US visa

  • November 25, 2022
  • Mani Karthik

This article was last updated and fact checked on January 28, 2023 by Mani Karthik.

Rejection is never fun, but it’s especially difficult when it comes to your US visa application. If you’re looking to avoid rejection and get your visa approved, here are the top 5 reasons for US visa rejection and how to avoid them.

In this article...

  • Denial of a Visa at the U.S. Consulate
  • Appealing a Visa denial
  • What Section 214(B) Visa Denial Means
  • Top 5 Section 214(b) Visa Rejection Reasons
  • Appealing the Denial Under Section 214(b)

Denial of a Visa at the U.S. Consulate

If you are seeking a visa to enter the United States, you may be denied if the U.S. Consulate finds that you are ineligible for a visa under U.S. law. There are many reasons why a visa may be denied, but some of the most common reasons include:

  • You are ineligible for the type of visa you are applying for
  • You do not meet the requirements for the specific visa category
  • You have a criminal record
  • You have a communicable disease
  • You have been previously denied a visa
  • -ou have provided false or incomplete information on your visa application

If your visa is denied, the consular officer will give you a written explanation of the reason for the denial. You may be able to overcome the reason for denial and reapply for a visa, or you may be ineligible for a visa altogether.

Helpful Tip

When traveling to USA, travel insurance is much recommended.

Two great plans are, Atlas America and Safe Travels USA.

However there are other choices like these, as well.

Appealing a Visa denial

The U.S. Department of State’s Bureau of Consular Affairs website states that a visa denial cannot be appealed, but that you may reapply for a visa after addressing the reason for the denial.

If you are denied a visa, you may find out why by asking the consular officer who denies your visa, contacting the nearest U.S. embassy or consulate, or visiting the Department of State’s website. The website also has information on what to do if your visa is lost or stolen.

If you reapply for a visa, you will need to submit a new application, including all required documentation, and pay the visa application fee again. You will also need to schedule a new interview.

During your interview, the consular officer will consider your application and supporting documentation, as well as anything else that has changed since your last application.

It is important to note that a visa denial cannot be appealed, but that you may reapply for a visa after addressing the reason for the denial. If you have any questions or concerns, you should contact the nearest U.S. embassy or consulate.

What Section 214(B) Visa Denial Means

If you are seeking a tourist visa (B-2) to the United States, and you are denied under Section 214(b), it means that the consular officer did not find you to be eligible for the visa.

The consular officer determined that you did not qualify for the visa because you did not demonstrate to the officer that you had strong ties to your home country and that you would return home after your trip to the United States.

Top 5 Section 214(b) Visa Rejection Reasons

There are many reasons why a person may be rejected for a Section 214(b) visa. The most common reasons are listed below:

1. The applicant did not show strong ties to their home country.

2. The applicant did not have a clear purpose for their trip to the United States.

3. The applicant did not show that they had the financial means to support themselves during their stay in the United States.

4. The applicant did not show that they had strong ties to the United States, such as family or employment.

5. The applicant did not meet the minimum requirements for education or work experience.

6. The applicant did not pass the required medical examination.

7. The applicant did not have a valid passport.

8. The applicant was found to be inadmissible to the United States for other reasons, such as criminal activity or prior immigration violations.

Appealing the Denial Under Section 214(b)

If your visa application under Section 214(b) has been denied, you may appeal the decision.

The first step is to file a Notice of Appeal with the Administrative Appeals Office (AAO). The AAO will then review your case and issue a decision.

If you are still not satisfied with the AAO’s decision, you may file a petition for review with a U.S. court of appeals. However, you must do so within 30 days of the AAO’s decision.

Appealing a visa denial can be a complex process. It is important to consult with an experienced immigration attorney to ensure that you take the proper steps and give yourself the best chance of success.

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Mani Karthik

Having lived in 3+ countries, worked for companies small and big in the USA, Middle East & India, I have a lot of experience to share about international travel, immigration and living as an NRI in the US.

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