The consular officer denied your visa:

If the consular officer denied your visa, it was because they felt that you were ineligible to receive that visa. The Immigration and Nationality Act (INA) states the reasons why you might not be able to get a visa, which are called visa ineligibilities.

When you apply for a visa, a consular officer at a U.S. embassy/consulate outside the United States checks to see whether you qualified to receive the particular visa applied for. Applicants found qualified are issued visas after all necessary processing is completed. However, when the consular officer determines that the applicant is ineligible to receive a visa, the visa application is denied. The consular officer will state the reasons for denying your visa in writing.

There are several common reasons for visa denials, including section 214B of the Immigration and Nationality Act (INA), which suggests that the officer wasn’t convinced you would leave the United States and return to your home country. Another reason for visa ineligibility is section 221 of the INA, indicating that the officer found some missing information in your case and needs to conduct further review through administrative processing.

You can be denied your visa under health-related grounds, under criminal related grounds, under security related grounds, public charge, labor certification, and qualifications for certain immigrants. Other reasons for denial include illegal entry, lack of documentation, ineligibility for citizenship, past removal, and miscellaneous issues like polygamy or unlawful voting.

The Visa Ineligibilities (exceptions do apply in certain categories):

Section 214(b) of the Immigration and Nationality Act:

This has been discussed within our website, or feel free to listen to an audio for more detailed information.

Section 221(g) of the Immigration and Nationality Act:

This has been discussed within our website, or feel free to listen to an audio for more detailed information.

Section 212(a) of the Immigration and Nationality Act:  Classes of Aliens Ineligible for Visas or Admission.

Health Related Grounds:

• …failed to present documentation of having received vaccination against vaccine-preventable diseases, which shall include at least the following diseases: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices
• …to have a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, or
• …to have had a physical or mental disorder and a history of behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or to lead to other harmful behavior, or
• …who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to be a drug abuser or addict, is inadmissible

EXCEPTION FROM IMMUNIZATION REQUIREMENT FOR ADOPTED CHILDREN 10 YEARS OF AGE OR YOUNGER. — Clause (ii) of subparagraph (A) shall not apply to a child who —

• 10 years of age or younger
• See section 101(b)(1)(F)

Criminal and related grounds:

• Conviction of certain crimes
• CONTROLLED SUBSTANCE TRAFFICKERS
• Prostitution and commercialized vice
• Money Laundering

Security and related grounds:

• any activity (I) to violate any law of the United States relating to espionage or sabotage or (II) to violate or evade any law prohibiting the export from the United States of goods, technology, or sensitive information
• any other unlawful activity, or
• any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States by force, violence, or other unlawful means, is inadmissible
• Terrorist activities or association with terrorist organizations
• Immigrant membership in totalitarian party
• Participation in nazi persecutions
• Participation in genocide
• International child abduction
• Practicing polygamists
• Unlawful voters

Public Charge: 

• Family-Sponsored immigrants and certain employment-based immigrants; must be able to show they will not become a public charge inside the US

Illegal entrants and immigration violators:

• Misrepresentation:
  • Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.
  • Our office has seen an increase in allegations of misrepresentation by consulates worldwide over the past few years. Once an officer determines you have misrepresented this causes serious consequences for your future immigration; you need to consult with Caro before proceeding further with your immigration
• Stowaways
• Smugglers
• Student visa abusers
• Unlawfully present in the United States for a period of more than 180 days but less than 1 year or has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien’s departure or removal from the United States, is inadmissible.

If your visa application is denied, you should speak to our office so we can go through everything with you and advise you what steps we can take to fight for your case. We can help you understand why you were denied and guide you on how to overcome the denial, including seeking a waiver.  Feel free to click on our audio on denials for further information.