(Trends Wide Español) — Although a vast majority of US visa applications are approved, there are several reasons why an agent of the US embassy or consulate may reject it.
In 2020, the United States Citizenship and Immigration Services (USCIS) issued more than 4 million visas temporary and non-immigrant. Almost 1.7 million applications were rejected as ineligible. The number of visas issued decreased in 2020 to less than half of 2019 due to the covid-19 pandemic.
Within the category of temporary non-immigrant visas are visas for visitors for pleasure or business trips, visas for students and exchange visitors and visas for temporary workers.
Here are the main reasons why an application for a US visa can be rejected.
Lack of evidence of their return
According to USCIS, the main reason for denying a nonimmigrant visa is because the applicant “did not establish their right to nonimmigrant status”, a reason stated in section 214 (B) of the Immigration and Nationality Act (INA, for its acronym in English).
As immigration attorney Noemí G. Ramírez explained to Trends Wide, this occurs when “the State Department is not convinced that you have provided sufficient evidence that you are returning to your home country. “
To avoid that the visa application is denied, it is necessary for the applicant to demonstrate links with his country of origin, such as a stable job, that he owns a business or that he has a family. However, Ramírez indicates that there is no specific list of requirements, since “many times it is at the discretion” of the immigration official.
A common mistake people make, according to the US embassy, is that applicants are sometimes unaware of the information included in the DS-160 form, or the information is incorrect, incomplete, or does not match the answers that the same form. Applicant gives the consular officer during his interview. “This is a fairly common case whereby many people are rejected at the time of their interview,” the embassy’s website reads.
Ramírez recommends hiring an immigration lawyer or obtaining advice to complete, fill out and submit the documentation with the consulate, since once the application is sent it is signed under oath, something that although it can be corrected in the future, may result problematic.
Lack of documentation
The second reason to reject a visa application is due to lack of documentation. For example, for a student visa it is necessary to present an academic record, while for a temporary work visa – such as the H1-B or TN – the applicant must present a university degree, identification card and evidence that shows that they have the experience professional required to fill the position.
Lying on the request
Deliberate data misrepresentation (or lying) when applying for a visa can result in permanent inadmissibility and is one of the most frequent reasons an application is often denied, according to USCIS.
“Any foreigner who, through fraud or deliberate misrepresentation of a material fact, seeks (or has attempted to obtain or has acquired) a visa, other documentation or admission to the United States or other benefit provided under this Act is inadmissible,” according to Section 212 of the Immigration and Nationality Act (INA).
It is considered misrepresentation when a person falsely presents facts, conceals a truth or does not tell the whole truth during the application and / or during the interview at the embassy or consulate. According to the US embassy, exaggerating earnings, declaring a false job, omitting a police arrest, or using another identity are examples of fraud.
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