If your application for a US visa has been denied, you’re far from alone. The US Department of State processes millions of visa applications annually, with a significant number resulting in denials. In Fiscal Year 2023, approximately 12.92 million visa applications were submitted, of which about 2.48 million were refused, reflecting a refusal rate of 19.20%.

Refusal rates vary based on visa categories and applicants’ countries of origin. For example, in Fiscal Year 2022, the adjusted refusal rates for B visas (tourism and business) differed significantly among countries. The United Kingdom had a refusal rate of 15.55%, while countries like Afghanistan and Cuba experienced higher rates at 52.65% and 56.51%, respectively.

Applying for a US visa is rarely straightforward. The eligibility requirements are strict across all visa categories and many applicants experience setbacks that lead to their visa being delayed or refused. Applicants are encouraged to take every effort and resource to improve and perfect their petitions to avoid further delays or issues with processing.

In this guide for applicants, we’ll look at some of the common reasons US visas are denied, and what steps you can take following a visa refusal.

 

Types of US Visa Denials

 

US immigration laws are complex, and the immigration authorities manage a huge number of visa applications every year. Visa denials are common and there are many reasons for refusal. These reasons range from lack of information on the application and procedural errors to more serious grounds for refusal such as criminal records.

If you have applied for a US visa and the application is denied you will usually receive a letter at the end of your interview at the embassy or consulate that will outline the reason/s for the refusal.

Most US visa refusals fall under the following common categories:

 

1. 214(b) Denial

 

Your visa may be denied under Section 214(b) if the consular officer assessing your application deems the family, social or economic ties you have outside the US are not strong enough to convince them you will depart the United States after your visa runs out.

When you attend a consular interview, the onus will be on you to convince them that you have strong economic, social or family ties to the UK. You should gather as much evidence and detail as possible to share at you consular interview.

If you are refused a visa under Section 214(b) you cannot appeal or ask for the decision to be reviewed. However, you can re-apply for a visa if you have additional evidence that can support your case. You will need to start the application process from the beginning and attend another interview at the consular office or embassy.

If you are recent legal immigrant to the UK it may be deemed that your ties are not strong enough to the UK to qualify for a visa to the US. When the US consular officials assess your application they will assess: the length of time you have been at your current address, the length of time you have been in your current job, whether you or your children are enrolled in education, commitments you have that would force you to return to the UK and the social ties you have in the UK.

If you are a recent immigrant to the UK you may need to seek legal advice to ensure your application has the best chance of success.

Read more about section 214(b) denials here >

 

2. 221(g) Denial

 

If you are refused a visa under Section 221(g) this is known as an administrative processing denial. Your application may have been refused due to something as simple as a missing document or a form filed incorrectly. You may be informed by the immigration authorities that you are required to submit additional documentation and once these have been supplied your visa will be processed.

Your visa may also be refused under 221(g) if new issues are found relating to a USCIS approved petition. This is usually due to overlooked errors in your application or new grounds for inadmissibility. These refusals can be contentious, and many people choose to seek expert legal advice for support with these.

Read more about section 221(g) denials here >

 

3. 212(a)(6)(c) Denial

 

If your application is deemed to be untruthful it will be rejected. Rather than an accidental error, if you are found to have willfully tried to deceive or misrepresent the facts in your application you may be classed as permanently ineligible for entry to the United States. This can be through presenting answers that are deliberately untruthful or through the inclusion of counterfeit, forged or other false documents.

 

Read more about section 212(a) denials here >

 

Grounds for Visa Refusal

 

The US Immigration and Nationality Act (INA) details the grounds for denying entry to the US in Section 212, including:

 

Criminal Records & US Visa Eligibility

 

If you have been arrested or have a criminal conviction of any kind you must overcome inadmissibility every time you seek to gain a visa to enter the US. However, there are circumstances when you can still enter the US if you have a criminal record.

If you have been arrested but not charged, it is key to have all the information and documentation relating to your arrest.

If you’re from the UK, you will be required to obtain a police certificate from the ACRO Criminal Records Office and submit this to the US Embassy. This certificate will be valid for 12 months from the date of issue.

If you have been convicted of a crime you will need to obtain a copy of all your court records and prison records – even if you have been later pardoned or given another act of clemency in the UK.

These records should include the circumstances of your crime and any sentence or penalty you received. Also known as a “Memorandum of Conviction” (MOC) or “Certificates of Conviction” in Northern Ireland, you will need to request these from the court where you were tried.

 

Other Grounds for inadmissibility

 

The US Immigration and Nationality Act (INA) details all the grounds for denying entry to the US in Section 212. In addition to criminal records, these cover health-related protections, security-related concerns and administrative concerns relating to abusing immigration laws or misrepresentation. The adjudicating officer can refuse your visa application on any of these grounds.

 

Waivers of Inadmissibility

 

If you are refused a visa on inadmissibility grounds, you may still have options. You may be able to apply to enter the US with a waiver. These are available for immigrants and also non-immigrants. The process and requirements depend on the visa you are applying for and the inadmissibility you need to overcome.

In general, you will need to evidence rehabilitation and a rationale for you now being eligible for admission to the US. Essentially the onus is on you to show you do not pose any risk or threat to the United States and factors like the seriousness of the issue and the time that has passed will all play a role in the likelihood of acceptance.

If you need to apply for a waiver this will affect the processing time of your visa. It could add several weeks to the time it takes to process.

 

US Visa Denied: Your Options

 

Being denied a US visa can be frustrating and disheartening, but it does not mean that all opportunities to travel to the US are lost. You’ll need to review the reasons for your denial to understand the best course of action. Taking professional advice will also ensure you consider all available routes.

 

1. Understand the Reason for Your Denial

If your US visa is denied, the first and most important step is to understand the reason for the denial. The consular officer should provide a written explanation outlining why your application was refused. This is crucial information as it will help you identify the specific issues that need to be addressed if you plan to reapply or take further action.

 

2. Determine if You Are Eligible to Reapply

In most cases, US visa denials do not prevent you from reapplying. However, you should ensure that you are eligible to reapply and that you have addressed the reason for the original refusal. For instance, if your visa was denied due to insufficient ties to your home country, you will need to gather additional evidence that shows your intention to return after your visit to the US.

 

3. Address 214(b) Denials

One of the most common reasons for a US visa denial is under section 214(b) of the Immigration and Nationality Act, which states that the applicant did not demonstrate sufficient ties to their home country. If your visa was denied under this section, review your situation and strengthen your case. Collect and present additional documentation that proves your strong social, economic, or familial ties to your home country, such as property ownership, stable employment, or family commitments.

 

4. Gather the Correct Documentation

If your visa was denied due to missing or incorrect documentation, review the US Department of State’s guidelines to ensure you have all the required documents for your visa type. Make sure that any additional paperwork requested during the initial interview is included in your new application. This may include financial statements, employment letters, or proof of prior travel.

 

5. Reapply for the Visa

If you have taken steps to address the reasons for your initial denial, you can reapply for the visa. Keep in mind that reapplying involves submitting a new Form DS-160, scheduling a new interview, and paying the visa fee again. Be prepared to explain any changes in your circumstances or provide new supporting evidence during your interview.

 

6. Seek a Waiver of Ineligibility

In certain cases, you may be eligible to apply for a waiver of ineligibility. This option is typically applicable if your visa was denied due to specific legal or policy reasons, such as past immigration violations. Consult with an immigration attorney or refer to the US Citizenship and Immigration Services (USCIS) guidelines to determine if you qualify for a waiver and how to apply for it.

 

7. Consult an Immigration Lawyer

If you are unsure why your visa was denied or how to proceed, contact our immigration attorneys. We can review your application and the refusal letter, and provide recommendations tailored to your specific application. We have specific expertise in complex circumstances such as criminal records, and US entry refusals and removals.

 

8. Prepare for Future Applications

A previous US visa denial does not necessarily bar you from future travel or obtaining a visa. However, any future applications will likely be scrutinized more closely, so it is vital to ensure your application is complete, accurate, and supported by strong documentation. Be transparent about your past denial and show how you have addressed any previous concerns.

 

9. Consider Other Visa Types

If your current circumstances do not allow for successful reapplication for the same visa type, you might consider exploring other visa categories. For example, if a B-2 tourist visa was denied, you could look into whether a different visa, such as a student or work visa, may better suit your purpose and eligibility.

 

10. Take Time to Strengthen Your Case

If your denial was based on insufficient proof of eligibility or ties to your home country, consider taking time to strengthen your profile before reapplying. This could involve improving your employment situation, saving for a more substantial financial statement, or establishing further connections that demonstrate your commitment to returning home.

 

Will I get my money back if my visa is refused?

 

When you pay a fee for your visa, that is classed as an application fee, not a fee for the purchase of a visa. This is a fee that anyone across the world applying for a visa needs to pay and it is to cover the costs of the application process and the subsequent adjudication. The application form will clearly state that the fee is non-refundable and if your application is refused and you choose to reapply for a visa you will need to pay the application fee again.

 

Need Assistance?

 

Specialist US visa advice for UK citizens can help to alleviate the stresses involved with making your application and optimizing your chances of being granted the visa.  Seeking legal advice from a US immigration specialist can also help to avoid costly re-submissions and delays in the application process. Similarly, if your visa application has been refused obtaining the specialist support of a legal professional could ensure you and your family secure entry to the United States.

NNU Immigration specialize in helping British nationals across all US visa and immigration needs. Whether you are travelling for business, leisure or any other reason, we can help you identify the relevant visa category and compile a compelling and robust submission to the US authorities. If you have already applied and you have been refused, talk to our specialists about your next steps.

 

US Visa Denied? FAQs

 

Why was my US visa denied?

Your US visa may be denied if your application did not meet the requirements under US immigration law. Common reasons include incomplete or incorrect documentation, lack of strong ties to your home country, or previous immigration violations.

 

Can I reapply after my US visa was denied?

In most cases you can reapply after your US visa is denied, unless restrictions apply such as under the H1B cap-subject process. It is essential to understand the reasons for your denial and address them in your new application. You will need to submit a new DS-160 form and pay the visa fee again.

 

What should I do if my US visa is denied under section 214(b)?

Section 214(b) is a common reason for denial based on the applicant’s failure to prove sufficient ties to their home country. To reapply, provide stronger evidence that demonstrates your intent to return home after your visit.

 

Is there an appeal process for a US visa denial?

For most nonimmigrant visa categories, there is no formal appeal process for a US visa denial. You can, however, apply again if you believe you can address the reason for the original denial.

 

Does a US visa denial affect future applications?

A US visa denial is noted on your record and can influence future applications. It is important to provide clear, accurate, and complete information on your next application to improve your chances of approval.

 

What are the most common reasons for a US visa denial?

The most common reasons include not demonstrating sufficient ties to the home country, lack of proper documentation, prior immigration violations, misrepresentation, or issues related to ineligibility under US immigration law.

 

How long should I wait before reapplying for a US visa after being denied?

There is no mandated waiting period for reapplying after a US visa denial. However, it is advisable to wait until you have addressed the reason for the denial and improved your application before applying again.

 

Can I get my application fee refunded if my US visa is denied?

No, US visa application fees are non-refundable, even if your visa is denied. You will need to pay the fee again if you choose to reapply.

 

Will my US visa denial affect my ability to travel to other countries?

A US visa denial does not automatically affect your ability to travel to other countries. However, some countries may inquire about previous visa denials when processing their own visa applications, so it is essential to be transparent about your travel history.

 

Glossary

 

Term	Definition
US Visa	An official document or endorsement that allows a foreign national to enter the US for a specific purpose, such as tourism, work, or study.
Visa Denial	The decision by a US consular officer to refuse a visa application, preventing the applicant from entering the US.
Consular Officer	A US government official who works at an embassy or consulate and is responsible for reviewing and deciding visa applications.
Section 214(b)	A common reason for visa denial that indicates the applicant did not demonstrate sufficient ties to their home country to prove they would return after their visit.
Administrative Processing	A further review of a visa application that may be required for additional background checks or information, leading to a delay in decision-making.
Form DS-160	The online nonimmigrant visa application form that must be completed and submitted as part of the visa application process.
Visa Waiver Program (VWP)	A program that allows citizens of specific countries to travel to the US for short visits without a visa, provided they have an approved ESTA.
Supporting Documents	Additional paperwork required to substantiate a visa application, such as proof of financial stability, employment letters, or travel itineraries.
Eligibility Criteria	The set of requirements that an applicant must meet to qualify for a US visa.
Visa Interview	A mandatory step in the visa application process where the applicant meets with a consular officer to discuss their application and intentions for traveling to the US.