Student Visa Application – Step 5: Acceptance or Refusal & Reapply

Student refused visa is looking to reapply

We all hope for a smooth process and hope you get your visa on your first attempt. However, just in case that does not happen here are a few things you will need to know.

The US has certain standards set out for visa approval. Here are some of the common reasons as to why you visa application may be denied:

  • The consular officer does not have all of the information required to determine if the applicant is eligible to receive a visa.
  • The applicant does not qualify for the visa category for which he or she applied.
  • The information reviewed indicates the applicant falls within the scope of one of the inadmissibility or ineligibility grounds of the law
  • An applicant’s current and/or past actions, such as drug or criminal activities, as examples, may make the applicant ineligible for a visa.

If you are denied a visa you will be notified of the section of the law that which applies. In most cases the applicant is informed by the visa consular officer if they may apply for a waiver of their ineligibility.

Below you will find some additional detail on the official refusal reasons.

Visit our Student Visa forum to check out experiences shared by other students, and to share your experiences.

Student Visa Refusal Reasons

This simply means that the consular officer found an intent to immigrate based on the application and the interview. It means that you:

  • Did not sufficiently demonstrate to the consular officer that you qualify for the nonimmigrant visa category you applied for; and/or
  • Did not overcome the presumption of immigrant intent, required by law, by sufficiently demonstrating that you have strong ties to your home country that will compel you to leave the United States at the end of your temporary stay. (H-1B and L visa applicants, along with their spouse and any minor children, are excluded from this requirement.)

Some of the factors the consulate officer looks at are

  • Stable job in home country or family business
  • Relatives or spouse in the home country
  • Past travel history to the USA
  • How often relatives in the USA visit home country (don’t agree with this one – I’m pretty sure it just depends on the individual applicant)

In some cases the interview may feel very short but all the information the consulate officer already has all the information he/she needs and asks specific questions accordingly.

Applying for a student visa is not a documentary process and by that what we mean is, in some cases even if you have all of the documentation, your visa application can be rejected

A refusal, or ineligibility, under section 214(b) is for that specific application, so once a case is closed, the consular section cannot take any further action. There is no appeal process. If you feel there is additional information that should be considered related to the visa decision, or there are significant changes in your circumstances since your last application, you may reapply for a visa. To reapply, you must complete a new application form, pay the application fee, and schedule an appointment for a new interview

This simply means the consular officer did not have all the information required to make a decision. It means that:

  • Your application is incomplete and/or further documentation is required – Applicants whose application forms or other documentation are incomplete are refused. If further documents are required to complete your case, you will be informed what is needed and how to provide it to the embassy or consulate. You will also be given a letter stating your application has been denied under 221(g) and listing which documents you need to provide.
  • Administrative processing – Further administrative processing of your application is required before a decision can be made regarding your eligibility for a visa. You will be given a letter stating this and next-step instructions after the administrative processing is complete.

Being refused under INA section 221(g) means that you can reapply at any time. At the time of refusal, you will be told whether you can reapply using the dropbox facility, whether you have to come for an in person after making an appointment, or you can apply in person without any appointment.

It means that you were refused, or found ineligible, for a visa under section 212(a)(6)(C)(i) because you attempted to receive a visa or enter the United States by willfully misrepresenting a material fact or committing fraud. This is a permanent ineligibility, so every time you apply for a visa, you will be found ineligible for this reason.

You will be advised by the consular officer if you can apply for a waiver of this ineligibility. Review Waivers of Ineligibility for more information.

What is meant by misrepresentation of a material fact?

Misrepresentation means that you falsely presented facts and were not truthful in an attempt to receive a visa or enter the United States. A fact is considered material, as it pertains to this section of the INA, when, had the truth been known, you would not have been eligible to receive a visa or enter the United States.

Legal Disclaimer: We are not affiliated with any U.S. Government Agency. We are not Immigration Attorneys and no content on this website should be construed as legal advice.

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