One can feel perplexed and angry if their visa application is rejected at a US embassy. Additionally, consular officials need help to adequately explain the reasons for the denial and your alternatives for appealing it. The assistance of an immigration lawyer in this respect is paramount due to their specific knowledge and experience in the field.
A crucial area of immigration law is the processing of visas at American embassies and consulates. The assistance of an expert immigration lawyer should not be overlooked, and it can prove to be of great importance.
The Applicant must know the reason for the denial of their visa
A visa applicant must know why their application was denied. Depending on the specific grounds for the denial, a strategy for contesting it will be chosen. With some exceptions, the consular officer must inform the applicant in writing and orally of the reasons for this rejection. The immigration lawyer‘s job may be to speak with the consular officer directly to find out more about the reasons for the refusal if the consular officer has not provided these or if the applicant has not understood.
Has a consular official rejected your application for a visa following Section 214(b) of the Immigration and Nationality Act? This part of the law prevents the issuance of millions of visas annually. If this describes your situation, you could be perplexed and unsure of what that implies or whether there is a workaround.
The responsibility of proving one’s eligibility for a visa and that one does not intend to remain in the country permanently lies with the visa applicant under the structure of U.S. immigration law. We will discuss the meaning of 214(b) denial and how it might relate to the evaluation of your visa application even if you received a 213(b) in this post.
If your application for a 214(b) visa has been rejected because you don’t have close ties to your home country, you may get the decision overturned if you can show proof of these ties. The ideal person to assist you in compiling the necessary evidence and presenting your case is a skilled immigration professional. They might ask you to consider whether you adequately portrayed your living arrangement, any ties you failed to include, or any new details you can offer for your case.
Relevant Laws of Immigration in The US
According to the U.S. Department of State Bureau of Consular Affairs, Section 214(b) of the Immigration and Nationality Act states:
Until he proves to the satisfaction of the consular officer at the time of application for a visa, and the immigration officers, at the time of application for admission that he is entitled to a nonimmigrant visa, Who is an officer or employee of any foreign government or international organisation that is qualified to benefit from privileges, exemptions, and immunities under the International Organizations Immunities Act, or an alien who is the attendant, servant, employee, or member of any such alien’s immediate family, shall not be qualified to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same manner as an officer or employee of the foreign government (b).
The officer must decide whether you are eligible for a temporary visa based on your submitted data and their brief conversation with you. One of the main deciding elements is whether you intend to leave your home country and remain in the United States. Because of this, it’s crucial to prove that you have “strong ties” to your country to win your immigration application. These relationships may be professional, familial, real estate-related, or other obligations.
Immigration lawyers and their help after Visa Denial
People are frequently shocked when they are turned away at the U.S. border and denied entrance owing to a prior felony conviction. Usually, people are in disbelief because they never imagined it would be an issue or because they have previously traveled and have never experienced admission restrictions.
Even if you have travelled successfully in the past, there is a strong possibility that you will be stopped at the U.S. border and denied entry if you have a criminal record since random criminal checks have become more prevalent among Americans.
Submission of a review request to the Administrative Appeals Tribunal
If your visa application has been denied, you may request a tribunal review of a visa application through an immigration lawyer if the refusal is by the Department of Home Affairs and if the request is not for a protection visa. Decisions regarding visiting, student, partner, family, business, and skilled visas fall under this category. This is referred to as “appealing.”
The appeals process has rigorous deadlines. The length of time depends on the decision type and whether you are detained for immigration purposes. There needs to be a way to extend the time frame.
As soon as you learn of the verdict, you should seek legal counsel from an expert immigration attorney or lawyer.
Requesting a review of a protection visa denial decision
For protection visas, there is a different appeals procedure. You must request a review of the judgment from the tribunal.
You have seven days to file an appeal if you are being held for immigration violations. You have 28 days if you are not in custody.
Requesting a review of a decision to deny or revoke a visa due to character
What does Section 214(b) of the Immigration and Nationality Act (INA) mean?
Section 214(b) of the Immigration and Nationality Act states, according to the U.S. Department of State Bureau of Consular Affairs: If the Department of Home Affairs has refused or cancelled a visa based on “character,” following a Notice of Intention to Consider Cancellation, you may appeal this decision to the tribunal.
The deadlines for filing an appeal with the tribunal are extremely rigorous. You only have nine days from the decision to file your request if you are in Australia and your visa has been denied or cancelled due to poor character.
Appealing decisions of the tribunal
You may be entitled to appeal to the Federal Court if your request for a review of a tribunal judgement is denied.
This appeal is distinct from others. You must demonstrate that the tribunal legally erred in handling your case. There aren’t many grounds for appeal, so you’ll need legal assistance. Before filing a request with the Federal Court, seek instant legal counsel.
Some other causes of visa denial include:
- Missed filing deadlines
- Incorrect information in the application
- USCIS needs more information
- You applied for the wrong visa for your situation
From the above discussion, understanding the reasons for your denial is essential to preparing your appeal. Immigration lawyers will review your original application package and the circumstances under which you filed your application. Once the immigration lawyer has identified your main reason, he will help you decide on the best action for your unique situation.