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Denied a US Visa? Can I re-apply?

By Michael Niren May 19, 2012 3 min. read
Reapply for US visa

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.

There 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:

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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Belinda Maraj

Our experience with the team at VisaPlace has been absolutely amazing. Special thank you to Nadia Bakhtiari whom we had the pleasure of partnering with. Nadia was attentive, empathetic, knowledgeable, professional, friendly and accessible. She provided guidance and kept us in the loop every step of the way. We were so impressed with the professionalism and exceptional client experience from VisaPlace that we partnered with them for both our PR application and our citizenship application. Thank you VisaPlace and thank you Nadia!

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betty klassen

We were switched legal teams 3 times within our time there.( This was not our doing) We weren’t impressed at all with the service almost all the way through our experience. Our review would have been 1 star. The response time was awful. To get in contact with our attorney was so difficult. And not thorough. Almost at the end, when we were almost ready to file, we got switched again, but this time, we are thankful. The attorney we got then was Andrew Diamond. He is fantastic and the reason for the 5 star rating. This is his rating. He was phenomenal. Absolutely amazing and prompt with response time and very knowledgeable, thorough and so helpful. We couldn’t have asked for better. Thank you Andrew for all you did for us!

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Arash Sorkhabi

I’m satisfied with the expertise and professionalism with which my case was managed and handled. I wanted to take this opportunity to thank the firm for its support. Although it has been a long process time due to Covid, Nadia has always been one of the first people to guide me step by step through the path during this stressful and unprecedented time. I strongly recommend VisaPlace to anyone seeking legal counsel.

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Sarb walia

I am thrilled to share that , We have just got our Permanent residence status under humanitarian and compassionate category. It was great experience to get professional service from visaplace. All team members very knowledgeable, hard worker, polite and professional. Special thanks to Yasmeen Ali, who always guide me through out processs. Its not easy task to get positive output in HM Category. I am highly recommend visaplace for any kind of immigration needs.

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Shannon Wilde

Applying for my E2 Visa was so overwhelming for me. As soon as I engaged VisaPlace all that worry and stress was gone. They guided me through the entire process and set me up for success! I would 100% recommend using them for any of your Visa Needs.

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Julia Rood

I reached out to VisaPlace kind of on a whim, knowing that I needed to apply for permanent residency in order to stay with my spouse and our two cats. They were immediately and incredibly responsive, and almost instantly made me feel that I was dealing with professionals who cared about my case.

I reached out to them August last year, and today got the confirmation that my permanent residency has been approved. The people I worked with in VisaPlace stuck with me through the whole process, answering any questions and assuaging any fears that I had about the process, my application, or what I needed to do. Even when my anxiety made me snappy (I apologized immediately!) they handled my case and me with professionalism and compassion. Immigration is a stressful, scary process. I wanted professionals who knew the ins-and-outs so that I had the best chance of being able to come to Canada.

And now, I get to stay in Canada with my partner of nearly 10 years, and I couldn’t be happier. I would absolutely recommend this service to anyone who wants immigration help! A big thank you, especially, to Alejandra and Nadia for handling my case. I’m so lucky to have had your help!

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Sanjida Prima

Had a great experience working with the people at VisaPlace for a Permanent Residency application! The team I dealt with (Nadia B., Krisztina T., Mansi S.) was extremely knowledgeable, prompt and handled the case with care. I would definitely recommend their services to anyone in need!