What to Do After a Visa Denial: Legal Options and Next Steps
Receiving a visa denial can be frustrating, confusing, and stressful. Many visa applicants assume that a denial means that there are no further legal options, but in many instances, a denial means that there are even more legal options available. The difference is understanding why a visa denial occurred and what options remain available. Being proactive and acting quickly can make a huge difference.
Common reasons for visa denials
There are a number of reasons why a visa application may be denied, and these can range from a lack of documentation, eligibility, immigration violations, criminal records, and discrepancies in the application. Denial of an application may also be procedural or substantive. The denial letter is an important document, and this document will normally indicate the grounds for the denial and may also indicate if further action is possible.
It is very important to know the reason for the denial, as this will determine what options are available next.
Reapplying with a stronger application
In some cases, the most appropriate action to take after your visa application has been denied is to reapply. This is especially true when the application was denied due to insufficient evidence, incomplete forms, or failure to meet one of the requirements. This way, the applicant will be able to correct any mistakes that may have been present in the first application.
However, it should be noted that reapplying without fixing the problem can lead to another denial.
Motions to reopen or reconsider
If the denial was made by U.S. Citizenship and Immigration Services (USCIS), then the applicant can be eligible to make a motion to reopen or a motion to reconsider. The motion to reopen is usually based on new evidence that was not available to the applicant until after the decision was made. The motion to reconsider is usually based on the idea that the decision was wrong as a matter of law or fact, based on the evidence that was available.
It is very important to note that the deadlines for these motions are very strict. If an applicant fails to meet the deadline, then this option is not longer available.
Appeals
Some visa denials have the option to be appealed to an administrative body, depending on the type of application and visa-issuing agency. An appeal is a challenge to the decision, arguing that it was made in error based on the application of law or that the evidence supports the application being approved. Appeals can take a while, but it is worth it if it is obvious that the denial is not supported by the evidence.
Not all visa denials are eligible for an appeal, and this is an important step in determining eligibility for an appeal.
Talk to a Miami, FL, Immigration Lawyer Today
The Law Office of Wilfredo O. Allen, Esq. represents the interests of foreign nationals seeking to live and work in the United States. Call our Miami immigration lawyers today to schedule an appointment, and we can begin discussing your next steps right away.