Embassy of the United States

Nonimmigrant Visas

Questions About Why a Visa Was Refused

What to do if Refused a Visa

If your application for a nonimmigrant visa has been refused, you will be informed why. The most common refusals are under Section 221(g) and Section 214(b) of the US Immigration and Nationality Act. Other refusal sections are specific, and such refusals will be accompanied by a detailed note.

Under Section 221(g), we are asking for additional information before making a final decision. Often the application is incomplete, or there are additional requirements such as fees, which are specific to your case, or we need fuller explanation of your purpose or more explanation of your answers to certain questions. Frequently, part of question 34 was unanswered or unexplained or the application was unsigned. Often, we want to know more about your employment and legal residence in Argentina or elsewhere and we could like to see additional evidence about your work and social commitments. Sometimes, certain petitions supporting the visa are missing or incomplete.

When refused under section 221(g), you should provide us the information and/or documents requested, together with the refusal letter and your passport. If you submit the information and/or documents within a year of the application, you will not have to pay another application fee. Once we receive the new information, we will review your application and make a final decision.

Refusals under Section 214(b), mean we understand your situation but have decided against issuing you a visa because you have not overcome a legal presumption that you are using the visitor visa to immigrate or work illegally in the United States.

Applicants can overcome this legal presumption by proving to the consular officer's satisfaction that they will use the visa appropriately and that they have a residence abroad to which they will return after a temporary visit to the US. In evaluation the applicant's claim of residence abroad, we will consider the personÕs career, financial, property, social, family and other commitments overseas. As a consequence, an applicant who does not have a permanent career or other relationship to Argentina or elsewhere is more likely to be refused than a person who has obvious ties and obligations. The applicant who has only an uncertain future, indefinite plans in the US and unclear finances is likely to be refused under section 214(b). Applicants who are not legal permanent or long-term residents in Argentina also are more likely to be refused because they are either unsettled, between careers and residences, or because we cannot evaluate their claims to ties outside our consular district.

Each applicant is evaluated individually to obtain a total picture or their situation when they apply. Comparison with other successful applicants is of little value in making appeals, which is done by submitting a new application and explaining why your circumstances merit re-consideration. Your new application should include additional information or documents that emphasize or clarify aspects of your work, social and family ties and plans that, when taken together, support a conclusion that you will leave the United States after a temporary visit and that you will not misuse the visa during your stay in the US.

If you are refused after having submitted additional information, you should reconsider your travel plans. It may be that you should build up your ties in Argentina or elsewhere outside the US to establish concretely that you indeed are settled, so that future applications for visas can be viewed more favorably. The fact that you were refused once under section 214(b) does not mean you will be refused again in future. A refusal under section 214(b) means that, at this time, under your present employment, social or other circumstances, the consular officer was not satisfied that you had met US visa requirements.

If you reapply after being refused under Section 214(b) INA, you must complete a new application and pay another application fee.

My application was refused under Section 214(b). If I bring in more documents will I receive a visa?

Applying for a non-immigrant visa is not primarily a document-based process. The main issue in determining if an applicant qualifies for a visa is intent, and documents alone can not establish intentions. In some cases, documents can help establish an applicant’s intent to return to Argentina by showing that the applicant is well established here. In other cases, the circumstances are clear enough that documents are unnecessary. If your visa application has been refused it is highly unlikely that any document you could provide would alter the consular officer’s decision.

What does a consular officer look for when determining an applicant's entitlement to nonimmigrant status?

In making that determination the officer considers the applicant’s personal circumstances, travel plans, financial resources and ties outside of the United States that will ensure his/her departure after a temporary visit.

I’m already in Argentina, why can’t you issue me a visa here?

The consular officer who evaluated your application is accredited in Argentina and is only able to assess your ties to Argentina. It is not possible for consular officers here to be experts about all other countries, or to understand any social or economic ties you may have to another country. Nevertheless, even though your application has been refused in Argentina, if you are here temporarily you may be able to qualify for a visa if you applied at home. Consular officers in your home country are better able to assess your situation there.

I am a legal resident of Argentina. Why don’t I qualify?

Many recent immigrants to Argentina cannot demonstrate sufficiently strong ties here to qualify for a non-immigrant visa to the United States. There is no magic formula that will work in each case. In general, you must be able to show that you have settled in Argentina and that this is, and will remain, your permanent home. In reviewing your application, the consular officer considered many aspects such as: How long have you been at your current address? How long have you been at your current job? Are you, or are your children enrolled in school? What commitments do you have here that would compel you to return to Argentina? What social ties do you have in Argentina? Often it is a question of time, and the best way to qualify for a visa is to reside in Argentina for a longer period of time and to build further social and economic ties here.

Why didn’t they tell me when I called that I would not get a visa?

Each visa application is thoroughly examined and evaluated on its own merits. Since it is impossible to obtain all relevant facts without seeing your passport and completed application, we are unable to tell you by phone whether you will or will not receive a visa. Our telephone information system, as well as information distributed on the Internet and through Bi-National Centers, is designed to give general information regarding the visa application process and suggest types of documents that might help demonstrate eligibility for a U.S. visa. However, in no circumstances is someone able to guarantee in advance that you will receive a U.S. visa.

Why can’t I get my money back?

The fee that you paid is an application fee. Everyone who applies for a U.S. visa anywhere in the world must pay this fee, which covers the cost of adjudicating your application. As the application form states, this fee is non-refundable regardless of whether you are issued a visa or not. If your application was refused under Section 214(b) and you choose to reapply for a visa, whether at this Embassy or elsewhere, you will be required to pay the application fee again.

Why have you stamped the back of my passport?

The stamp in your passport, along with our worldwide computer system, simply indicates that your visa application was processed here in Buenos Aires. This stamp enables us to match subsequent applications with a file.

Will the stamp in my passport prevent me from getting a visa in the future?

Having your visa application refused here in Argentina does not make you ineligible to receive a visa in the future. U.S. consular officers will understand that your application here was evaluated and refused based on the strength of your ties to Argentina. If you choose to apply anywhere else, your application will be evaluated based upon any ties you have to that country, and on the merits of that application alone.

If I do not understand why my application was denied. What can I do?

If you do not understand why we were unable to issue you with a visa, you may send us an e-mail. We strive to answer all e-mails within five working days and frequently are able to answer more quickly.  Please do not call the Embassy or the Visa Information Service as they do not possess the ability to assist regarding specific cases. Note: The consular section can not review applications and there is no appeal process for cases already adjudicated. If you wish to have your application reviewed, or appeal against the decision to refuse your application, you must make a new application by following the instructions in the form letter sent to you with your passport.

 

Isn’t free travel a human right?

The United States Government upholds the right to free travel as a basic human right. However, immigration to the United States is not a right. If you are able in the future to establish that you are a bona fide nonimmigrant and you qualify for a visa, you will be able to travel to the United States as a temporary visitor.