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Denied a US Visa? Can I re-apply?

Many hopeful applicants get nervous prior to a visa interview as they worry about whether a consular officer will grant them visa or deny their application. In most cases, visa applicants are interviewed by a US embassy Consulate who reviews the application information and supporting documents submitted by visa applicants. After reviewing the available information, a consular officer may approve or deny an application. The consular officer provides reasons for visa denial based on the governing provisions of the US Immigration law.

US Waiver Application for CanadiansThere are several grounds for visa denial. Some of which are attributed to the insufficiency of your supporting documents, your inability to prove ties to your home country, or your record of the past and current activities like becoming a drug dependent, which can affect  your eligibility to obtain a US visa.  For cases that need a waiver of inadmissibility, the consular officer may advise you to apply for one. If the consulate forgot to inform you of the grounds for your denial, you can ask the consular officer during an interview to explain why your visa application was denied.

A consular officer informs each applicant of the decision reached in a particular case either verbally during an interview or in writing. Applicants who are considered qualified are issued US visas after completing the administrative process in a US embassy.

Can I reapply for a US Visa after my  application was disapproved? 

There are various restrictions imposed in certain types of visas in terms of reapplying. Some US visas, like B-2 visa for tourists or temporary visitors, do not set a limit on the number of times an applicant can reapply.

If you were found ineligible for a visa, you must file a new visa application and pay the corresponding fee again. The fee previously paid is non-refundable and applies only to the earlier application that was disapproved.

If you were denied under section 214(b) of Immigration and Nationality Act (INA), you must show proofs that some significant changes have happened since you filed your application, which the consular officer has disapproved. The important changes should prove the existence of a circumstance, which you failed to prove before and for which you were previously refused. A visa denial under this section may be the consequence of the following flaws:

  • You failed to convince the consular officer that you qualify for a nonimmigrant visa; or
  • You failed to overcome the presumption of immigrant intent such as when you did not establish sufficient ties to your home country that will force you to return to your home at the expiration of your temporary visitor visa.  H-1B and L visa applicants, together with their spouse and minor children are not required to over the presumption of immigrant intent.

Furthermore, if you were denied US visa under Section 221(g) of INA, you do not need to submit a new application. Section 221(g) of INA requires that your supporting documents and your application must be complete in essence and form in order for a consular officer to acquire all of the information necessary to determine  whether or not you are eligible for a US visa. If you fall short of the prerequisites under this section, your will not be considered ineligible but your case becomes pending until you submit the missing documents. You have one (1) year, from the time your application was disapproved, to submit the missing information. If one year has passed without the additional requirements being submitted, you will need to file a new application and pay another fee.

Most of the time, your unfamiliarity with the procedures are ones causing delay in the application. To prevent delay or visa denial, you must let your immigration attorney handle the case.

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About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more

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26 thoughts on “Denied a US Visa? Can I re-apply?

  1. Uju Njoteh

    I was denied visa under 214b and i need to attend this years thanksgiving in US. The consular was not patient for my answers

    Reply
    1. Immigration Lawyer (rachel)

      Hi Uju,

      Thank you for contacting us at VisaPlace! We would have to take a closer look at your case to determine why this denial may have occurred. From there, if you choose to reapply, we would be happy to guide you through the process. Hiring an immigration lawyer will help you get answers to all of your questions, plus it will increase the chance of getting a visa approved. Please, complete this form for me http://www.visaplace.com/immigration-assessment/ it is just a quick and easy way for me to learn more details about your situation so that I will be able to advise you accurately and determine the best avenue for us to take to give you the best legal advice.

      The above response is for informational purposes only and does not form a lawyer-client relationship nor should it be construed to be legal advice.

      Reply
  2. Chana

    Hello,

    I want to know that i am previously refused three times for tourist visa from USA.
    can i apply for study visa ?

    Reply
    1. Immigration Lawyer (rachel)

      Hi Chana,

      Thank you for contacting us at VisaPlace! You may qualify for a study visa. However, we would have to better understand the previous refusals to best advise you and determine your eligibility. Hiring an immigration lawyer will help you get answers to all of your questions, plus it will increase the chance of getting a visa approved. Please, complete this form for me http://www.visaplace.com/immigration-assessment/ it is just a quick and easy way for me to learn more details about your situation so that I will be able to advise you accurately and determine the best avenue for us to take to give you the best legal advice.

      The above response is for informational purposes only and does not form a lawyer-client relationship nor should it be construed to be legal advice.

      Reply
  3. Wilson Quame

    i have been denied a visa under section 214(b) today 21st day of August 2017. How soon can i reapply and what measures should i put in place this time. is damn frustrating

    Reply
    1. Immigration Lawyers

      Hi Wilson,

      Thank you for contacting us at VisaPlace! I am sorry to hear about your visa denial. The number one reason that permits are denied is when people attempt to apply without the help of an immigration lawyer. Hiring an immigration lawyer will help you get answers to all of your questions, plus it will increase the chance of getting a visa approved. Please, complete this form for me http://www.visaplace.com/immigration-assessment/ it is just a quick and easy way for me to learn more details about your situation so that I will be able to advise you accurately and determine the best avenue for us to take to give you the best legal advice.

      The above response is for informational purposes only and does not form a lawyer-client relationship nor should it be construed to be legal advice.

      Reply
  4. Onyekwelu victor

    I was denied a Tourism Visa on the 18th of August, please when is best to reapply?

    Reply
    1. Rachel

      Hi Onyekwelu,

      Thank you for contacting us at VisaPlace! We would have to take a closer look at your case and reasons for denial to better assist you, and help determine when would be best to reapply. Hiring an immigration lawyer will help you get answers to all of your questions, plus it will increase the chance of getting a visa approved. Please, complete this form for me http://www.visaplace.com/immigration-assessment/ it is just a quick and easy way for me to learn more details about your situation so that I will be able to advise you accurately and determine the best avenue for us to take to give you the best legal advice.

      The above response is for informational purposes only and does not form a lawyer-client relationship nor should it be construed to be legal advice.

      Reply
  5. Anonymous

    good morning…i was denied a us FI visa this morning i answer all questions yet i was denied can i reapply immediately?

    Reply
    1. Immigration Lawyers

      To Whom It May Concern,

      Thank you for contacting us at VisaPlace! You may be able to reapply, but we will have to take a closer look at your case to determine what we can do. Hiring an immigration lawyer will help you get answers to all of your questions, plus it will increase the chance of getting a visa approved. Please, complete this form for me http://www.visaplace.com/immigration-assessment/ it is just a quick and easy way for me to learn more details about your situation so that I will be able to advise you accurately and determine the best avenue for us to take to give you the best legal advice.

      The above response is for informational purposes only and does not form a lawyer-client relationship nor should it be construed to be legal advice.

      Reply
  6. Tiny

    Am rejected under 214 (b), when can I reapply, and I want to visit US asap, am very tensed 😭😭😭

    Reply
    1. Immigration Lawyers

      Hi Tiny,

      Thank you for contacting us at VisaPlace! you may be able to reapply, but we will have to take a closer look at your case to determine the best plan for you. Hiring an immigration lawyer will help you get answers to all of your questions, plus it will increase the chance of getting a visa approved. Please, complete this form for me http://www.visaplace.com/immigration-assessment/ it is just a quick and easy way for me to learn more details about your situation so that I will be able to advise you accurately and determine the best avenue for us to take to give you the best legal advice.

      The above response is for informational purposes only and does not form a lawyer-client relationship nor should it be construed to be legal advice.

      Reply
  7. Christain

    I was denied a visa under section 214 (b) last week. Can I still reaply using the same document against the same purpose this week

    Reply
    1. Immigration Lawyers

      Hi Christain,

      Thank you for contacting us at VisaPlace! We understand the worry that accompanies a refusal, but we would love to help you reapply. Hiring an immigration lawyer will help you get answers to all of your questions, plus it will increase the chance of getting a visa approved. Please, complete this form for me http://www.visaplace.com/immigration-assessment/ it is just a quick and easy way for me to learn more details about your situation so that I will be able to advise you accurately and determine the best avenue for us to take to give you the best legal advice.

      The above response is for informational purposes only and does not form a lawyer-client relationship nor should it be construed to be legal advice.

      Reply
  8. Feyikemi

    Hi,
    My name is Feyikemi. I am a permanent resident in the US. I am presently in Nigeria though. I am no relocating yet so i got a reentry permit in case i overstay in Nigeria. I applied for a visitor s visa for my 3yr old son so he can travel with me to spend his vacation in chicago in August. Unfortunately d visa was denied based on d fact that the CO wasnt convinced he would come back. I was then advised to file for green card for him. My fear is that applying for a green card as a non citizen myself can take for ever from what i have read online. Please advise me. What can I do? I have had to make him stay with a friend each time I travel. He s so unhappy and am not happy too. I cam across something called parole online. Please is he eligible for such considering his age? I am not maarried to his father and am the only parent he knows. All my family members are in the US so no one to leave him with except my friend. I will appreciate a quick response to this mail. Please help. Thank you

    Reply
    1. Immigration Lawyers

      Hi Feyikemi,

      Thank you for contacting us at VisaPlace! I’m so sorry to hear the hardships that you’re facing with your son. We would love to help your son visit you in America. First, we do need to take a closer look at you and your case. Hiring an immigration lawyer will help you get answers to all of your questions, plus it will increase the chance of getting a visa approved. Please, complete this form for me http://www.visaplace.com/immigration-assessment/ it is just a quick and easy way for me to learn more details about your situation so that I will be able to advise you accurately and determine the best avenue for us to take to give you the best legal advice.

      The above response is for informational purposes only and does not form a lawyer-client relationship nor should it be construed to be legal advice.

      Reply
  9. Ademiju Okikiade

    I was denied for Tourism Visa on the 2nd of March, can I reapply for a Business/Tourism again??? For conference!!!

    Reply
    1. Immigration Lawyers

      Hi Ademiju,

      Thank you for contacting us at VisaPlace! I’m sorry to hear you were denied for a Tourist visa in the past. You may qualify to reapply but I highly recommend doing it this time with an immigration lawyer. Hiring an immigration lawyer will help you get answers to all of your questions, plus it will increase the chance of getting a visa approved. Please, complete this form for me http://www.visaplace.com/immigration-assessment/ it is just a quick and easy way for me to learn more details about you and your situation so that I will be able to advise you accurately and determine the best avenue for us to take to give you the best legal advice.

      The above response is for informational purposes only and does not form a lawyer-client relationship nor should it be construed to be legal advice.

      Reply
  10. Neelima Robinson

    I applied for b2visa and rejected under 2A ..Can u please tell me can I apply for F1 visa this month to USA ?

    Reply
    1. Immigration Lawyers

      Hi Neelima,
      Thank you for your inquiry. I’m glad you contacted us! We do need to take a closer look at your case in order to give you the best legal advice. Hiring an immigration lawyer will help you get answers to all of your questions plus it will also increase the chance of approval of the visa you are inquiring. Please, complete this form for me http://www.visaplace.com/immigration-assessment/ it is just a quick and easy way for me to learn more details about you and your situation so that I will be able to advise you accurately and determine the best avenue for us to take to give you the best legal advice.

      The above response is for informational purposes only and does not form a lawyer-client relationship nor should it be construed to be legal advice.

      Reply
  11. geetha padmini ramamurthy

    Hi
    I sponsored a b2 visitor visa for my brother and his wife and 2 yr old kid. But it was rejected as 214b. How to overcome it. My brother works in reputed company in india and took leave approval letter from employer but they not asked for documents. Can I reapply with in 15days ? What are the chances to get it approved ?

    Reply
    1. Immigration Lawyers

      Hi Geetha,

      Thank you for your inquiry, I’m glad you contacted me! I know that being denied for a sponsored visa can be very frustrating and I’m sorry you’ve been dealing with that. You do have many options for reapplying. I would love to help you and your brothers family. Please complete this form for me http://www.visaplace.com/immigration-assessment/ it is just a quick and easy way for me to learn more details about you and your situation so that I will be able to advise you accurately and determine the best avenue for us to take to get your brother status here in Canada.

      The above response is for informational purposes only and does not form a lawyer-client relationship nor should it be construed to be legal advice.

      Reply
  12. Gen

    My parents were denied because the officer said canada visa is expired soon and planning to renew. What is your idea on this? Thanks

    Reply
    1. Muga Rajbhandari

      Hello Gen. We will need to know more about the details of your situation. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for your parents. You can book an appointment by calling us at 1-416-410-7484 or online at http://goo.gl/JFZqPm
      Regards, Muga

      Reply
  13. Lobsang Thapgay

    B1 refused, can i apply for R1 instead?
    how long should i wait?

    Reply
    1. Muga Rajbhandari

      Hello Lobsang, You must qualify as a religious worker to be able to apply for an R1 visa. We would need to see your qualifications and understand your current situation in order to guide you. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Muga

      Reply

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