Visa Denial

Under Section 214(b) of the U.S. Immigration and Nationality Act, consular officers must presume that every applicant for a nonimmigrant visa is an intending immigrant until the applicant shows otherwise. The vast majority of refused visa applicants were unable to overcome this presumption. Everyone may re-apply according to the procedure described above. However we recommend that applicants wait one year before reapplying after a visa denial, unless there is a significant change in an applicant's circumstances or other compelling reason for an earlier reapplication.

Under Section 221(g) of the U.S. Immigration and Nationality Act, if we need more information or documents not provided in the initial interview to reach a decision on whether an applicant is legally eligible for a visa, we will inform the applicant what is missing. Applicants have twelve months from the date of application to comply. In some cases, further administrative processing is required. We must temporarily refuse the case under Section 221(g) until processing is complete.

Also see: Visa Ineligibilities

Nonimmigrant Visa Denials

Q: What happens when a visa is refused? Is a refusal under Section 214(b) of the Immigration and Nationality Act permanent?

A: Section 214(b) of the Immigration and Nationality Act of the United States (INA) states that consular officers must consider every visa applicant to be an intending immigrant, ineligible to receive a nonimmigrant visa, unless the applicant convinces the officer of his or her intent to return to a permanent residence in his or her home country following a temporary stay in the United States. Consular officers take a number of factors into account in making their determination of visa eligibility, including the prevailing local social and economic climate and recent immigration trends. Demonstrating visa eligibility is thus not simply a question of presenting a certain set of documents. A visa refusal under Section 214(b) is not permanent (there are more serious ineligibilities that are permanent, but the officer will inform you if this is your case). It is possible to apply again in order to present new or additional evidence, or if there are significant positive changes in one's situation. Additional evidence DOES NOT, however, guarantee that a refusal will be overcome.

Q: The consular officer didn't even look at the documents I brought to the interview before refusing me. Why not?

A: Supporting documents are intended to SUPPORT information provided in the application or at the interview. The documents submitted in support of the information on the application form are reviewed before the applicant is called to the interview window. The interviewing officer will refer to the supporting documents when the information provided on the application forms and in response to the interview questions is in question. If the information provided is clear, there is often no need to turn again to the supporting documents. It is important to bring the documents to the interview and present them with the application to ensure the information on them is reviewed and taken into consideration.

Q: If the visa is refused, can I get my money back?

A: No. The application processing fee is non-refundable.

Q: I live in the United States and invited my relative/friend for a visit. That relative/friend applied for a nonimmigrant visa and was denied. I provided information about my citizenship, income, property, etc. Was this not sufficient?

A: All applicants for Nonimmigrant Visas must themselves qualify for a visa by demonstrating evidence of strong social, economic and family ties to their home country. It is important to understand that a consular officer cannot issue a visa based upon the assurances of interested third parties in the U.S. or elsewhere.

Q: When can I reapply if my visa was refused?

A: Unless there are dramatic changes in your socioeconomic situation, we recommend you wait before reapplying. However, we do not place restrictions - you are free to reapply at any time.

Q: How many times can I apply for a visa?

A: We discourage repeated applications from previously refused applicants unless they are able to demonstrate significant change in their social or economic situation. If you are refused a nonimmigrant visa, we recommend you wait until your situation changes or until you can bring substantial evidence of ties to your home country that you may not have brought to your previous interview(s). Otherwise, the outcome of your next interview will likely be the same as the previous interview.

Inquiries, questions or comments are encouraged by e-mail to the Consular Section at the following address: ConsularBelgrd@state.gov.

Congressional inquiries may be emailed to: ConsularBelgrd@state.gov

mailed to

American Embassy Belgrade
5070 Belgrade Place
Washington, D.C. 20189-5070

or faxed to (381)-(11)-361-5497

A Word about Documents

Applicants for non-immigrant visas must generally prove eligibility by establishing ties to their home country and that they have a legitimate reason for traveling to the U.S. Documents alone never will establish these facts. Invitation letters from the United States are not required.

More general information about non-immigrant visa denials is available on the main State Department web site: http://travel.state.gov/visa/frvi/denials/denials_1361.html.

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