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Updated August 2024
Key takeaways
Visa refusals allow applicants to address missing documents or eligibility issues.
Visa rejections often denote ineligibility under specific U.S. laws.
Some rejections may be overridden with waivers depending on the visa type and specific grounds of ineligibility.
Table of Contents
What is the difference between a US visa refusal and a rejection?
US Visa Refused | US Visa Rejected |
---|---|
When a consular officer refuses the visa, it is usually because the applicant has not established their eligibility for a visa. | When a consular officer denies an applicant a visa, it is usually because the applicant is not eligible to receive a visa under US law. |
Refused visa applications may require further administrative processing. | Applicants whose visas are rejected are immediately notified by the consular officer of the reasons for the rejection. |
The applicant did not meet the requirements for a visa under US law, specifically section 291 of the INA—even after a careful review of the application and the interview conducted. | The applicant does not qualify for the category they have applied for. Additionally, current or past actions, such as a criminal record or history with narcotics, may render the applicant ineligible for a visa. |
A visa refusal can be overturned. | Some ineligibilities leading to a visa rejection can be overcome. |
Applicants are given time to present the documents or information the consular officer deems necessary. Failure to present the documents will result in the application being canceled. | In some cases, applicants are allowed to resubmit their application with the missing documents in the event of visa rejection. |
If a visa is refused, applicants can reapply after a year, pay the application fee again, and start the process anew. | Reapplication is often not possible unless the original reason for rejection is rectified. |
What is the US visa rejection rate by country?
The overall US visa rejection rate can vary significantly depending on the type of visa and the applicant’s country of origin.
In fiscal year 2023, the US B-visa refusal rate for a few countries is as follows–
- Canada 52.04%
- China 26.63%
- India 10.99%
- Pakistan 40.82%
- UAE 4.18%
- Qatar 2.53%
- Saudi Arabia 5.01%
- Kuwait 3.96%
What are the US visa rejection reasons?
In accordance with US legal regulations, all visa applicants must undergo an interview conducted by a consular officer at a US Embassy or Consulate, which thoroughly examines the applicant’s information—adhering to rigorous standards established by US law.
When a consular officer assesses your visa application and determines that you fail to meet the eligibility criteria specified by US law, your application will be denied, accompanied by a clear explanation. These explanations are termed “ineligibilities.” Occasionally, the petitioner or the visa applicant may overcome these ineligibilities, particularly in specific immigrant visa situations.
It is crucial to understand that certain ineligibilities are permanent. This implies that unless the Department of Homeland Security grants a waiver, you will consistently be deemed ineligible under the same law section whenever you apply for a visa.
According to the Immigration and Nationality Act (INA), some of the prevalent reasons that lead to visa rejections are:
- Incomplete visa application and/or missing required supporting documentation
- On health-related grounds
- Failed to present documentation of having received vaccination against vaccine-preventable diseases, which shall include at least the following diseases:
- Mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices.
- Physically or mentally unwell enough to pose a threat to society.
- History of behavior linked to a certain disorder—hazardous to property, safety, or well-being, likely to recur or lead to harmful behavior.
- Failed to present documentation of having received vaccination against vaccine-preventable diseases, which shall include at least the following diseases:
- Failure to establish eligibility for the applied visa category or to dispel the presumption of intending immigration.
- Conviction of a crime involving moral turpitude
- Conviction of a drug-related offense
- Two or more criminal convictions resulting in a cumulative sentence of 5 years or more
- Insufficient affidavit of support when mandated, leading to denial on public charge grounds
- Misrepresentation of a material fact or engaging in fraud to obtain a visa
- Previous overstay in the United States beyond the authorized duration
Waivers of ineligibility
Only if you are ineligible for a visa under Section 212(a) of the Immigration and Nationality Act may you be able to apply for a waiver. The visa category you are applying for will determine whether a waiver of ineligibility is available.
The consular officer will tell you if you are eligible and provide instructions on how to apply.
Waivers of Ineligibility, as mentioned in the laws of the Immigration and Nationality Act, are as follows:
- Section 212 (d): The Attorney General will decide if the applicant is eligible for an exclusion based on the consular officer’s reasons for rejecting their application. If approved, the applicant may be granted a visa and admitted temporarily into the United States as a nonimmigrant at the discretion of the Attorney General.
- Section 212 (g): The Attorney General may waive the application of certain applicants, including spouse, unmarried son or daughter, or minor unmarried lawfully adopted child of a United States citizen, parents of a United States citizen etc.
- Section 212 (h): if someone’s visa application has been rejected on the basis of them being in possession of narcotics, the Attorney General may waive the application if they were in possession of 30 grams or less of marijuana and their admission to the United States would not pose a threat to society or if the applicant has been rehabilitated.
To learn about the complete list of visa waivers, please visit the official website of the US Department of State – Bureau of Consular Affairs.
When to reapply for your US visa after rejection?
It’s important to note that there isn’t a formal appeal process for visa rejections.
Should you decide to reapply for a visa in the future, except in cases of 221(g) refusals (related to incomplete applications or supporting documentation), you will be required to initiate a completely new visa application process and remit the visa application fee again. This means restarting the application procedure from the beginning.
If you were found ineligible under section 214(b) of the INA, which pertains to visa qualifications and immigrant intent, it is advisable to provide evidence of significant changes in your circumstances since your prior application. These changes can help address the concerns that resulted in your initial rejection.