Visa Denials – Klarfeld Law Offices help Temporary Visitor Applicants to overcome Visa Denials and Apply for Waivers where a client has been Denied Entry to the U.S.

There are a number of reasons why an Application for a temporary visitor visa might be denied – the most common of which is that the Applicant was unable to show significant ties to his home country, compelling his return home in a timely manner.

There is a presumption under U.S. immigration law that anyone requesting a temporary visa actually intends to remain in the U.S.  In order to rebut this presumption, the burden of proof is on the Applicant.  There are numerous ways to meet the burden of proof, however words alone will not convince a Consular Officer.  The Applicant must show significant ties to his or her home country, compelling a timely return.  Significant ties may be shown by employment record, business ownership, family ties and by other means.  If you are straight out of the army, unemployed or only briefly employed, not attending school, or show other circumstances that are not compelling reasons to return to your home country, you should not be surprised if your application for a temporary visa to the U.S. is denied.  In such cases it would be prudent to consult and Immigration Attorney.

The Consular Officer has the final word on the subject of your Visa Application.  You cannot Appeal such a Decision, however, in some cases the Officer might be asked to review the Decision.  You may apply again for a visa, at any time, if you are denied for lack of ties compelling your return home and you are finally able to raise the burden of proof with new and convincing evidence.

Other reasons that a Visa Application might be denied can include:  A criminal past, lying to a Consular Officer or Immigration Officer on a previous Application or Interview, after being deported from the U.S., or after being denied entry to the U.S. on a previous visit.

In many cases where an Applicant is Denied for reasons of Ineligibility, a Waiver may be obtained if good cause is shown and the reason for the denial was not a virtually insurmountable issue:  Crimes related to Drug Use or Crimes of Moral Turpitude (among other reasons).

For further information regarding visa denials see Waivers

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