Denied After a Consular Interview – What Now?

The final step in the immigration process for a spouse or fiancé visa involves an interview at a United States embassy or consulate. During this process, an immigration officer will review your information and your details to determine whether or not they can issue the requested visa.

At the end of that interview, they will either give you a notification with their decision immediately or the officer might say that they need more time to review your file. If they need more time to review, they’ll notify you later of their decision and you should expect to receive that notification online.

What happens if your application is denied?
A denial can be quite shocking and you’ll want to read that notification carefully to make sure you understand what the basis is for the rejection. There’s usually two reasons that this happens:

  1. The first reason is because you didn’t have all the evidence required. This could mean you are missing a document and your visa is refused until you provide that. Once they receive the requested document, they’ll be able to make a decision to approve it.
  2. The second reason, and a more serious one, is because you’re not eligible. The Immigration and Nationality Act is very long and there are a lot of laws and reasons that can cause a person to be ineligible. For instance, if someone entered the United States on a vacation visa and worked, this would be considered fraud and misrepresentation. Having this on your background would cause the officer to refuse you.

When you receive your notification of denial, it will have a lot of legal jargon and they’ll reference the Immigration and Nationality act. It might not be clear why you were denied but often times if it’s a reason outlined in the Immigration and Nationality act laws, then it’s a matter of whether or not you’re able to apply for a waiver to overcome that issue.

If you’re in this situation and you aren’t sure how to move forward, please feel free to book a consultation with our legal team so we can help you work through your options. Please also check out the free resource center here on our website; we have a lot more information there about immigration waivers.

Leave a Comment