How to Appeal a Visa Denial
Any time you apply for any type of visa there is a possibility you will be denied. This is even true for “B” class visitor’s visas.
Fortunately a denial isn’t always the end of the world. There are ways to appeal them.
When you get denied you will receive what is called a Visa Refusal Letter.
Look at the Letter Type
There are two types of visa denial letters no matter what type of visa you’ve applied for.
A 221(g) is the letter that’s sent out when your visa application was missing documentation that is required to process it. The 221(g) is color coded.
- Blue means that immigration needs more documentation.
- White means the decision is going to USCIS.
- Pink means the officer needs administrative processing.
- Yellow means that immigration requires more time to determine your status.
As you can see, in some cases you’re not even looking at a permanent denial if you receive a 221(g) letter.
A 214(b) letter is different. A 214(b) letter is the letter you receive when the immigration officer has decided that your application fails to meet the requirements for the type of visa that you’re applying for.
Look at the Information Provided
The letter should clearly outline what you need to do to fix the problem.
For example, let’s say you got a 214(b) letter because you applied for a B-1 visa. The immigration officer does not believe you intend to return home as your visa application suggests.
You can show that you have family members and friends in your home country, a job to return to, a home that you still own, and even plans that you’ve made such as tickets that you’ve bought to future events in your home country.
All of this provides evidence that you intend to leave the United States on time.
Correct the Issue
In most cases what you need to do is correct the issue or problem and demonstrate that you’ve done so, either by providing more evidence as requested or helping to build the case for why you meet the requirements of the visa you’re asking for.
In some cases you may have applied for the wrong type of visa, and may need to apply for a different one.
Consult an Immigration Attorney
You vastly increase your chances of successfully appealing your visa denial if you work with an immgration attorney to correct the issues. If you haven’t started your visa application yet then working with an attorney is the best way to make sure that your efforts are successful.
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Although it often comes with controversy, immigration into the United States has always played a major role in the strength of its economy. Perhaps no one understands this more than the residents of Philadelphia, where the Liberty Bell still welcomes foreigners to one of the richest historical communities of our country.
Not knowing or understanding the system and laws of the U.S. can be a disadvantage for many foreign immigrants who wish to obtain permanent residency in the United States, either for themselves or for their loved ones. Hykel Law’s Family-Based Immigration Services can lead you through the complicated process to achieve either temporary or permanent residency, depending on your situation.
Are you afraid of deportation? If you are a foreign national involved in the beginning stages of removal proceedings, the deportation attorney at Hykel Law in Philadelphia can help prevent this unfortunate situation. We can evaluate your immigration case and find the best strategy to defend you from removal proceedings to help you stay in the United States.