Visas to the U.S.
FAQ about Visa Refusals
While there are several reasons for a visa application to be refused, most refusals fall under a key provision of U.S. immigration law. The U.S. Immigration and Nationality Act, Section 214 (b), states that "every alien shall be presumed to be an immigrant until s/he establishes 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 s/he is entitled to a non-immigrant status." Thus, applicants for a non-immigrant visa are required to overcome the presumption that they intend to immigrate to the United States. Overcoming this presumption can be done by establishing, to the consular officer's satisfaction, that you have sufficiently strong family, social, or economic ties to Latvia to ensure that your projected stay in the United States will be temporary and that you will not work illegally. If your visa application is refused, the consular officer will give you a letter that specifies the applicable section of the law.
Below are some common complaints that we have received when a visa applicant has been refused under Section 214 (b).
"The Consul didn't give me time to explain."
The consular officer who refused your visa is well trained. In a very short time, a consular officer will look at several aspects of your case: your situation in Latvia, your stated intent/reason for going to the United States, your previous travel history, work and financial situations, etc. Based upon the unique details of your case, the consular officer asked you questions he deemed necessary. The consular officer weighed your answers to those questions with the specific facts of your case. The high volume of applications we receive demands that the consular officer examine your case only as far as it was necessary for him/her to make a determination whether you overcame the U.S. legal presumption of intending immigration to the United States. Unfortunately, visa applicants' stated intent often conflicts with other facts presented, and it is not possible for consular officers to take all applicants' statements at face value.
"I had so many documents with me, but my visa was refused."
Applying for a non-immigrant visa is not primarily a documentary process. Consular officers will look at documents in conjunction with what is said during the visa interview. Two issues are at stake: the applicant's ties to Latvia and purpose of travel. Documents alone never will establish an applicant's intentions. Documents which demonstrate that applicants are well established in their own country can, in some circumstances, help individuals to establish that their intent is to return to their own country after a short visit to the United States. Depending on the specifics of your case, the consular officer may or may not have needed to examine your documents closely to make a decision about your intent. You were correct to bring documents with you, in case the consular officer had needed to refer to them. However, if the consular officer made a decision about your case without scrutinizing your documents, it was because other circumstances of your case were clear. If your visa was refused, it is highly unlikely that any document you could have provided would have significantly altered the consular officer's decision about your intent.
"I want my money back."
The fee that you paid is an application fee. Everyone who applies for a U.S. non-immigrant visa is subject to this fee. This fee is non-refundable and will not be returned if you fail to establish that you qualify for a U.S. visa. This office has no authority to refund an application fee. If you plan to reapply for a visa here or elsewhere, you will be required to pay an application fee each time you apply.
"Why didn't they tell me when I called that I would not get a visa?"
Every application for a visa is based on its own merits. By telephone, it is only possible to give general information regarding the visa application process and suggest the types of documents that might help you to demonstrate your eligibility for a U.S. non-immigrant visa. We can't pre-adjudicate visa cases by telephone. The visa application instructions clearly state that there is no guarantee that you will receive a U.S. non-immigrant visa if you choose to apply.
"Can I ever reapply for a visa or appeal? If yes, when?"
A refusal under Section 214(b) is not a permanent refusal. Therefore, applicants have a right to reapply when they are able to present new information about their situation or when it has significantly changed. We cannot tell you when to reapply. You know your situation best and only you can determine whether or not changes have occurred.
Please note that there is no appeal process. If you have any questions, you are always welcome to contact us and we will do our best to help you.
"I was refused a visa even though I had an invitation and/or guarantees from my U.S. friends/relatives."
An invitation is not required in order to obtain a U.S. visa. It cannot demonstrate the strength of your ties to your own country. Your situation in Latvia is our primary interest. One person cannot vouch for the ties of another person.
"Do I need a high salary and/or real estate in order to obtain a visa?"
No. Although your income is one of the factors we examine, it is not our primary focus. We issue U.S. visas to people who do not have high income, such as pensioners. We look at your situation in general, and financial ties are certainly not the only kind of ties an applicant can possess in order to qualify for a visa.
"I am single and I do not have kids. Can this be a reason for refusal?"
No. Similarly, this is just one factor and does not tell much about your situation in Latvia. We look at your situation as a whole in order to determine whether or not you qualify for a visa.
"Was I refused a visa because I am a non-citizen (alien citizen)?"
No. U.S. Embassy does not discriminate between Latvian citizens and non-citizens. Every applicant is given equal consideration.
"My visa was refused under Section 221(g). What does that mean? Do I have to pay again?"
A refusal under Section 221(g) means that your case needs some administrative processing or there are some additional documents needed. In the latter case, the Consular Officer explained to you what you have to bring back. You do not need to pay – all you have to do is return to the Embassy with your passport (and documents, if requested) within a one year time from the date of 221(g) refusal.