Immigration Law Office
Call Today for a FREE Consultation
773-877-3982
view our videos below

There is no greater success in our eyes

than helping our clients and their family members become part of the American fabric.

Immigrants enrich the Chicagoland area

and strengthen the entire country. We are proud to be a part of that.

DREW ELESH, OUR FOUNDING ATTORNEY, HAS DECADES OF EXPERIENCE HELPING IMMIGRANTS

with visas, green cards, naturalization, waivers, deportation defense and more.

THERE IS NO GREATER SUCCESS IN OUR EYES

Than helping our clients and their family members become part of the American fabric.

  1. Home
  2.  » 
  3. Visas
  4.  » Does a visa denial mean I can never come to the US?

Not necessarily. It depends on the reason for the denial, and on whether you are eligible for a waiver of ineligibility.

Having taken all the trouble to apply for a U.S. visa, it can be a blow to be denied that visa. Luckily, the consular officer who processed your application is required to give a reason for the denial. In many cases, you can reapply.

In order to travel to the U.S., you must be considered eligible for admission. This essentially means that:

  • You have no serious criminal record (no convictions for crimes of moral turpitude, no drug violations and less than two criminal convictions for which the sentence was five years or more)
  • You have not been caught in the U.S. without a valid visa in the past
  • You have not lied on a U.S. immigration form or committed fraud in your application
  • You have adequate financial support
  • If the visa you are seeking is temporary, you have sufficient ties to your country to demonstrate that you plan to return

In addition to being generally eligible to come to the U.S., you must qualify for a specific visa. That might be a B visa for business or tourism, for example, an H-1B visa for temporary employment, or an E visa for permanent employment. There are many visas to choose from, depending on your purpose.

If your visa application was denied, it could be simply because you did not fully complete the visa application. Or, it could be that you did not include sufficient supporting documentation of your claims. Or, you may not qualify for the visa you applied for.

The consular officer who denied your visa will cite the reason your visa was denied. If the reason for your denial was not that you are ineligible for admission, you can probably reapply for the same or another visa. Unfortunately, you will be required to submit a new application fee.

If the reason you were denied is that you are ineligible to enter the U.S., you may be out of luck. However, in some cases you can seek a waiver of ineligibility. The consular officer will indicate whether you are eligible to seek a waiver.

You apply for the waiver at the U.S. embassy or consulate where you applied for your visa. The U.S. Department of Homeland Security rules on whether waivers should be granted, and there are no guarantees.

You may seek the advice of a U.S. immigration attorney to help you apply or reapply for a visa or waiver.