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Understanding and Overcoming Denial of a Family Immigration Visa

Posted on in Visas

Westchester County immigration visa denial attorneyWhen a U.S. citizen wants to help other family members immigrate to the United States, being denied a family-based visa can be heart-wrenching. This bad news can be difficult to bear after the months spent waiting for approval and fearing the possibility of denial. The good news is that an initial denial can often be overcome.

Common Reasons for IR and F Visa Denial 

Insufficient documentation to prove the required spousal, parent-child, or sibling relationship is a common reason for denial of a family-based visa.

For an Immediate Relative (IR) visa, the sponsor must be a U.S. citizen, and the applicant must be the sponsor’s spouse, unmarried child under age 21, parent, or an orphan being adopted. 

Family Preference (F) visas enable U.S. citizens to sponsor the immigration of their own siblings (as well as siblings’ spouses and minor children) and their own children (along with the children’s spouses and minor children). Lawful permanent residents of the U.S. (green card holders) may also obtain F visas for their spouses and unmarried children.

Other common reasons for denial of an IR or F visa include:

  • Conviction for a serious crime in the country of origin, particularly crimes involving illegal drugs.
  • Previous denial or overstay of a visitor or student visa.
  • Judgment of inadmissibility for health reasons.
  • Failure of the U.S. citizen to meet the income requirements or to provide the required tax returns.

What to Do When an Immigration Visa Is Denied

When an application for an IR or F visa is denied, there are four possible solutions:

  1. If the issue is simply a lack of documentation of the familial relationship, providing additional documentation can allow the application to be approved.
  2. Apply for a waiver of inadmissibility. This is an option in some cases where the applicant was ruled inadmissible due to health reasons, a criminal history, or a previous immigration issue (such as illegal entry, visa overstay, or deportation). 
  3. File an appeal. This can be a time-consuming process, and the chances of success are often low.
  4. Re-file the visa application. Before re-filing, you must understand the exact reason for the denial. Because of the first denial, any new application must be completed with great care. An attorney can help you understand the reason the visa application was denied and make sure that the new application has the best chance of being approved. 

Consult a Fairfield County Family Immigration Attorney

If you are sponsoring a family member for immigration, and they have any blemishes on their health, criminal, or immigration history, their visa application could be denied. If this is your situation, consult an experienced Stamford immigration visa lawyer before completing their visa application. When you choose Gonzalez Law Office, LLC, you will have a compassionate attorney on your side with over 15 years of experience helping reunite families in the U.S. Contact us at 203-323-1440.

Sources:

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-denials.html

Fairfield County Bar Association Connecticut Bar Association American Immigration Lawyers Association Connecticut American Immigration Lawyers Association
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