What Should I Do if My Visa is Denied?

With increasing security measures and other policy changes put into place by the Trump administration, individuals seeking all types of visas are seeing more and more denials of their applications. For example, when applications were deficient or missing information in the past, U.S. Citizenship and Immigration Services (USCIS) simply sent applicants a notice of the deficiency and gave them an opportunity to remedy it. Now, a Trump administration-era policy change permits USCIS officers to simply deny these applications with no prior notice. For these individuals who receive visa denials, their only recourse may be to start over and reapply. This obviously can add months or years to the application process, as well as thousands of dollars in additional fees.

Although reapplication may be the only way to seek a visa, repeatedly reapplying for a six-month visitors’ visa may be a bad idea. Rather, taking time between applications to figure out what caused the denial in the first place may be more productive then simply reapplying immediately using the same information that already has resulted in a denial. For example, if you received a denial because you had insufficient proof of your ties to your current country of residence, then you should take the time to develop this evidence prior to reapplying for a visa.

 

What Should I Do if My Visa is Denied?

Similarly, if you are denied a student visa by the consulate, you should ask specifically what resulted in the denial of your visa application. If you can correct the problem, then you can reapply for a student visa, perhaps successfully.

In the case of a denial to change your status from one visa to another, you must act quickly by consulting a lawyer and applying for reconsideration. If you fail to do so, you risk being placed in deportation proceedings if your original visa has run out. Unless you have some other legitimate basis for being in the U.S., you will be asked to voluntarily depart by a certain date or face deportation.

The immigration lawyers of Peek & Toland have handled the legal representation of countless individuals facing various immigration-related issues. We are here to protect your rights and advocate on your behalf in order to get the best outcome possible in your case. Call our office today at (512) 474-4445 to set up an appointment with our immigration attorneys today.

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