General Question About Denied Visas

[Mrs. Irish 0]

If your visa is denied does that mean that you cannot EVER enter the states? My husband thinks it does. But I don't think so.

BTW you all have been life savers. For those of you still waiting on visa I hope they come quickly.

[john_and_marlene 162]

If your visa is denied does that mean that you cannot EVER enter the states?

Depends on the reason for denial.

[MargotDarko 0]

There are some extreme cases where a lifetime ban is imposed, but those involve very serious crimes. Certain visa fraud and lesser crimes could result in a limited ban. Basically, if you're a real couple and have proof of it (which you definitely do living together and having children) and someone to help with the financial side (and you don't commit visa fraud of course), you have nothing to worry about like that. What is most commonly seen is a 221g denial, which isn't exactly a denial and usually doesn't result in a ban - it can be overcome by a wavier. That's not something you should need to worry about either though.

Edited July 6, 2007 by MargotDarko

[Minya's wife 25]

If your visa is denied does that mean that you cannot EVER enter the states?

Depends on the reason for denial.

Yes...I believe if a visa is denied on health-related grounds, as they pertain to communicable diseases....that is a something non waiver-able. Right? Not sure.

But the question is, was your visa denied or refused? There is a difference. A visa denial constitutes that the accompanying visa petition (the I-129F or I-130) is then sent back to USCIS for a 'final' decision.

If a visa is refused, it could just mean "temporarily" until further evidence...whatever they ask for, no matter how trivial it sounds, is presented.

A letter or some form of documentation regarding the denial/refusal is usually given, at the end of the visa interview....and tells you what your options and/or next steps are.

Good luck,

-P

[Mrs. Irish 0]

We haven't even filled out the paperwork yet, my husband was just concerned that if he was denied for some reason if he could get in for funerals or emergencies. He doesn't have a criminal record at all and he has no diseases.

[MargotDarko 0]

We haven't even filled out the paperwork yet, my husband was just concerned that if he was denied for some reason if he could get in for funerals or emergencies. He doesn't have a criminal record at all and he has no diseases.

He really should be totally fine. I can't imagine a final denial in your case either.

[Urge To Race 2]

We haven't even filled out the paperwork yet, my husband was just concerned that if he was denied for some reason if he could get in for funerals or emergencies. He doesn't have a criminal record at all and he has no diseases.

He really should be totally fine. I can't imagine a final denial in your case either.

Ditto. Mrs. Irish, you don't seem to have anything to worry about in this regard. no reason to fret over this.

[elmcitymaven 9,712]

Sounds like your hubby is as much of a worrywart as mine was! He was totally convinced that he was going to be denied despite being healthy and having a clean police record. And surprise surprise, he got the visa without a hitch. You guys are going to be just fine!

[lucyrich 20]

It depends on the reason.

If they find an alien lied to an immigration officer about a material fact, they can institute a lifetime ban. If they find that a person married for the purposes of circumventing immigration law, that is cause for a lifetime ban.

Therefore, 1) Don't lie to them. 2) If at some point, they are unconvinced of the bona fide nature of your relationship, that doesn't yet mean they're convinced you're fraudulent. However, to avoid having them issue a finding of fraud and a lifetime ban, it may be in your best interest to quickly pursue the matter vigorously and convince them that your relationship is genuine, rather than letting it go unchallenged, throwing in the towel and deciding to forget the visa. But you were going to pursue it anyway, right?

I wouldn't worry.

[Yodrak 7]

-P,

No, there isn't a difference.

The 'difference' that you describe has to do witht the reason for the action. The action is the same no matter which of the two words one uses to describe it.

Yodrak

If your visa is denied does that mean that you cannot EVER enter the states?

Depends on the reason for denial.

..... the question is, was your visa denied or refused? There is a difference. A visa denial constitutes that the accompanying visa petition (the I-129F or I-130) is then sent back to USCIS for a 'final' decision.

If a visa is refused, it could just mean "temporarily" until further evidence...whatever they ask for, no matter how trivial it sounds, is presented.

.....

-P

[paisita411 0]

First of all, while its not a bad idea to think of WORST case scenarios early on, the other VJers are right in advising you to just be as honest as you can be with everything up front. If there are ANY issues you think may come up during an interview, bring them up from the begining. This may include you writing out the concern and the explination and including it with your I-129F and I-130 application. This way, it can be tackeled BEFORE your case goes to the Embassy. See...once the NVC approves your petition, the EMBASSY cannot deny issuing the visa based on circumstances that USCIS is aware of and you've address. The Embassy can only deny issuing the visa based on evidience or circumstances that were not evident or exposed in your initial application. You may want to refer to this article by Ellis Island, an immigration attorney that posts here on VJ and has represented several VJers with 'soft denials' and 'administrative processing' proceedures: http://www.visajourney.com/forums/index.ph...ic=6769&hl=

Also, here is some specific text on the governing law for 'soft denial' directly from the USCIS web site:

6. In adjudicating visa cases involving petitions, posts should

bear in mind three important factors: A. the consular officer''s

role in the petition process is to determine if there is

substantial evidence relevant to petition validity not

previously considered by DHS, and not to merely readjudicate the

petition; B. the memo supporting the petition return must

clearly show the factual and concrete reasons for recommending

revocation (observations made by the consular officer cannot be

conclusive, speculative, equivocal or irrelevant) and; C.

consular officers must provide to the applicant in writing as

full an explanation as possible of the legal and factual basis

for the visa denial and petition return. Post must maintain a

copy of the returned petition, other evidence relevant to the

case, and a copy of the written notification of the denial.

No readjudication of petitions

7. In general, an approved petition will be considered by

consular officers as prima facie evidence that the requirements

for classification - which are examined in the petition process

- have been met. Where Congress has placed responsibility and

authority with DHS to determine whether the requirements for

status which are examined in the petition process have been met,

consular officers do not have the authority to question the

approval of petitions without specific evidence, generally

unavailable to DHS at the time of petition approval, that the

beneficiary may not be entitled to status (see 9 FAM 41.53, Note

2, 41.54 Note 3.2-2, 41.55 Note 8, 41.56 Note 10, 41.57 Note 6,

and 42.43 Note 2) due to fraud, changes in circumstances or

clear error on the part of DHS in approving the petition.

Conoffs should not assume that a petition should be revoked

simply because they would have reached a different decision if

adjudicating the petition.

I hope this answers your question.

[Yodrak 7]

Mrs. Irish,

There are ground for dinial that apply to all visas, and there are grounds for denial that are specific to each type of visa.

Yodrak

If your visa is denied does that mean that you cannot EVER enter the states?

Depends on the reason for denial.