If You Were Denied a Visa

The United States is an open society.  Unlike many other countries, the United States does not impose internal controls on most visitors, such as registration with local authorities.  In order to enjoy the privilege of unencumbered travel in the United States, aliens share a responsibility to prove they are going to return abroad before a visitor or student visa is issued.  Our immigration law requires consular officers to view every applicant as an intending immigrant until the applicant proves otherwise.   

 

A nonimmigrant visa is usually refused under Section 214(b) of the Immigration and Nationality Act.  Section 214(b) states:    

 

“Every alien shall be presumed to be an intending immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status ...”    

 

Applicants may re-apply for a nonimmigrant visa if they have been refused.  All applicants who have previously been refused a visa will need to provide all documents again if they choose to re-apply.  Applicants will need to explain how their circumstances have dramatically changed since the previous refusal.