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Can I Apply for a Visa if I Was Refused Before?

(Below is a transcription of this video)

Hi, this is Michael Niren, immigration lawyer and founder of Visaplace.com. We had a question. “I was refused before for a visa, and now I want to apply again. Can I?” Well, the answer is yes, of course, you certainly can apply for a visa after refusal. There’s nothing prohibiting you from doing that. However, let me rephrase the question to be a little bit more helpful.

Can a Prior Visa Refusal Affect my Application for a New Visa?

“Will the prior refusal affect my application for a new visa?” And the answer to that is it could possibly, definitely affect a new application. A prior immigration history, we call it. So if you were refused in the past, and you want to try again and apply for a visa, generally speaking the rule is this. That you have to provide additional or new information that wasn’t presented with respect to the original application because if you’re just going to send the same application in with the same information, you’re probably going to get the same result.

Include all the Relevant Documents When Applying for Your Visa 

So, for example, if you applied for a student visa or a work visa and you didn’t include all the relevant information and the immigration officer looked at the application and refused you, there could be an opportunity to reapply with further information and more detail that would help the officer to make a more informed decision, and hopefully a positive one. So that’s something that often happens that we see that someone will, you know, try their best to apply for a visa, but all the information or the relevant information wasn’t included or wasn’t properly presented and there could be some confusion or just lack of information that resulted in a refusal. So just because you received a refusal before doesn’t mean that you can’t apply.

Reasons for Visa Refusal

Now there could be some other circumstances, like a prior immigration history regarding an overstay, or some problems you had with immigration that could affect your visa as well. So there are a lot of circumstances that have to be taken into account before just reapplying and hoping for the best. Now, sometimes you apply, you include all the information, you have a good case, but for whatever reason, your application is still refused. That could be an opportunity to appeal the decision.

Now, that’s a different story altogether. An appeal is a formal procedure which usually involves a lawyer. You should definitely consider hiring a lawyer for that because it’s a technical thing where you go to court in some cases and you apply for an appeal to overturn the decision of the officer.

Visa Refusal Appeal Process

Now, appeal processes can take a long time. They can be somewhat costly and there’s no guarantee that after the application or the appeal is submitted that you’re going to get a positive decision anyway. But that’s something that is always an option for someone who may get a refusal. It may be something that can be done, depending upon the circumstances or it’s just not available, but you know it’s an option to consider. Appeals always have deadlines, so if you wait too long after a refusal, and then you decide to appeal you may be out of luck because you waited too long because there’s always statutory time periods within which you have to file the appeal.

So my advice is that if you did get a refusal, you still could consider re-applying, depending upon the circumstances. So hopefully this has given you some helpful information, some hope. If you like the video, click like and feel free to visit us at www.visaplace.com.

Has Your Visa Application Been Refused?

If your immigration application was refused, then contact us right away. Delaying could mean that you will lose your appeal rights. The first step towards appealing your refusal is to get an assessment of your specific situation. Getting started is easy, all you need to is use our free immigration online assessment form and we will get back to you within 24 hours to discuss your Canadian immigration options.

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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

7 thoughts on “Can I Apply for a Visa if I Was Refused Before?

  1. MUDDSER SIDDIQUE

    Sir, I denied my visa.

    I belong to Pakistan’s and I am working as Fire & Safety Officer, 7th October I attended interview for US visit visa because I wish to attend career fair event which was organised 13th October at PHILADELPHIA, in Sheraton Valley Forge Hotel and planning to stay only 6 days in Hampton Inn Hotel Philadelphia.

    During interview consular officer asked question about my profession and yes I replied Fire & Safety Officer. He also asked about previous travelling to any other country; yes I was worked 4 years in UAE and last 5 years worked in Saudi Arabia.He asked me to show previous passports so I presented, when he checked Visa on my passport, profession on that was electrical welder. Electrical welder visa was given by the company because at that time company was not having visa as per my profession. I presented to consular officer my contract letter, Salary Slips, Introduction letter, and also Experience letter all mentioning my profession as Fire & Safety Officer.Consular officer asked again and again you are a welder; every time my reply was same that I am a Safety Officer. Finally he gave me Yellow Paper.In Gulf countries mostly companies provide visa of low profession for travel, sometime Manager level personnel travel on helper visa.

    Reply
    1. Muga Rajbhandari

      Hello Muddser. The consistency and truthfulness of information is very important when applying for a visa. 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 so that this matter may get cleared up. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Muga

      Reply
  2. Damu

    I am a Justice of the Peace in a Democratic country. Also I am working as the director of public affairs & Government relations of a human rights organization in the same country. I was awarded by many humanitarian awards for my work.
    I am happily married but have no children.
    My brother who is a US citizen filed a green card petition for me and it is pending.
    My visitor visa was rejected by the consular officer on 214b.
    214b explained social bonds outside of US are not strong enough.
    I cannot make children neither can I remarry.
    I cannot ask my brother to get my green card petition withdrawn.
    Why cannot law take social service as bonds as family ties.

    Reply
    1. Vahe Mirzoyan

      Hello Damu. Thank you for writing to us. A visitor visa is one of the most difficult to obtain because the reviewing officer needs to make 100% certain that you will return home after your visit. Many people who attempt to apply on their own, face the same problem as you, a denial. I am going to suggest that you seek our professional help to make sure that you are not making any mistakes, and so that you will have a legal team taking care of all the matters that may arise. Please contact us to book a consultation with one of our immigration professionals. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Vahe

      Reply
      1. Damu

        Thank you for your prompt reply.
        I have made a fresh application and facing waiver again.
        Hope in future they change the laws to suit genuine cases as mine.
        Where, on grounds applicant cannot make any changes to satisfy the consular officer.
        Where applicant is more involved in benefits of the societies outside of United States than having his/hers children in home country.
        Regards!

        Reply
  3. Mira Freiwat

    Hello,

    Thank you for your inquiry. There is a possibility that you can be eligible to reapply, but there are certain steps that need to be taken in order to ensure that you will have a successful application this time around. I would be more than happy to provide you with a more accurate/detailed response, but in order for me to do so, I must learn more information about the previous application that was submitted. Kindly complete this form for me http://www.visaplace.com/immigration-assessment/ as it will provide me with all I need to proceed. You will be contacted once it has been reviewed. MF

    Reply
  4. kk

    can i apply for work h1b visa again if my visa is denied for misrepresentation of my work experience

    Reply

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