Visa Denied Lawyer, Boston MA

Visa rejection attorney Dayna Lally assists foreign nationals in understanding why their visa application was denied. She can prepare new visa applications for foreign nationals with the required evidence to demonstrate a significant change in circumstances since the denied application.

Why Was My Visa Denied?

Visa denial is common when applicants:

  • Do not fully complete the visa application and/or provide all required supporting documentation;
  • Do not establish eligibility for the visa category being applied for;
  • Do not overcome the presumption of being an intending immigrant;
  • Have been convicted of a crime involving moral turpitude;
  • Have been convicted of a drug violation;
  • Have two or more criminal convictions for which the total sentence of confinement was five years or more;
  • Do not demonstrate proof of adequate financial support in the United States;
  • Misrepresent a material fact or commit fraud to attempt to receive a visa; or
  • Previously remained longer than authorized in the United States (violated nonimmigrant status).

For a complete list of all visa ineligibilities contained in the Immigration and Nationality Act, see the U.S. Department of State website.

Immigrant Intent/INA Section 214(b)

Visa denied for immigrant intent. A denial under INA section 214(b) means that the applicant did not:

  • Sufficiently demonstrate that they qualify for the nonimmigrant visa category requested; and/or
  • Overcome the presumption of immigrant intent by demonstrating that they have strong ties to their home country that will compel them to leave the United States at the end of their temporary stay.

Strong ties to a home country may include:

  • A job;
  • A home; and/or
  • Relationships with family and friends.

Visa denial under 214(b) is not permanent. Although there is no appeal process for a refusal or ineligibility under 214(b), an individual may reapply if significant changes occur since their last application.

To reapply for a visa, an applicant must complete a new DS-160, pay the application fee, and schedule an appointment for a new visa interview.

Waivers of Ineligibility

Waivers of ineligibility may be available to applicants found ineligible for a visa.

Waivers are a complex practice area. Contact our office directly with further inquiries.

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Have an Immigration Question?

If you have a question about immigration or would like to schedule a free consultation for a marriage-based green card application, contact Dayna Lally using the contact form below.

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