Q: Why was my immigrant visa refused? What do I do now?
U.S. consular officers will only issue immigrant visas to those applicants who qualify under the law. A visa can be refused for a variety of reasons. For example, your immigrant visa could be denied if you have a criminal record, if you lie during your visa interview, if you lived in the United States without permission, or if your economic documents are insufficient. Some refusals are permanent, and others are not.
On the day of your immigrant visa appointment, the consular officer will interview you and will either approve your visa or deny it. If the consular officer approves your visa, it will be printed and can be ready as early as the following day. If the visa is refused, the consular officer will give you a letter listing the section of law under which your visa was refused. The letter will also give you detailed instructions on what to do next. It is very important that you follow the instructions properly so that the Embassy may continue processing your case.
Q: What is visa ineligibility?
In order to protect the health, welfare, and security of the U.S., certain applicants are not eligible for the issuance of a visa even if they qualify in other ways. There are specific ineligibilities written in U.S. immigration law. For example applicants are refused visas when they have a communicable disease, or a dangerous physical or mental disorder; have committed serious criminal acts or have used illegal means to enter the U.S. Applicants can be refused for other reasons too. Some former exchange visitors must return to their home countries for two years before they are eligible to apply for immigrant visas, thereby making them temporarily ineligible until that time has passed. Physicians who intend to practice medicine in the U.S. must pass a qualifying exam before receiving immigrant visas.
Q: If I am found ineligible, can I apply for a waiver?
If you are found to be ineligible, the consular officer will advise you regarding your ineligibilities and whether there is a possibility of obtaining a waiver. In some cases, you may have to request a waiver or relief from the Department of Homeland Security (DHS). You can initiate this process at the Embassy, by having your fingerprints taken and paying the corresponding fee. The Consular Section will then provide you with the appropriate forms, which will be sent to the Department of Homeland Security for a decision. The Consular Section then has to wait for a decision before the consular officer can proceed with your case. The waiting time for a waiver decision is approximately one year, but may take longer.
“Ask the Consul” is a weekly column from the U.S. Embassy answering questions about U.S. immigration law and visa issues. If you have a general question about visa policy please email it to us at AskGeorge@state.gov. We select questions each week and publish the answers in Stabroek News and on our website at http://georgetown.usembassy.gov/guyana/ask_con.html. For more information about visas please see http:// www.unitedstatesvisas.gov or http: //georgetown.usembassy.gov/.
Other than the questions we select, we DO NOT respond to questions sent to Ask the Consul. Please contact the visa inquiries unit (email visageorge@state.gov or call 225-7965 between 8 am- 12 pm and 1 pm- 4 pm Monday through Friday) if you have questions about issues not otherwise addressed.
