Newark, NJ- Frequently applications for visas, both immigrant and non-immigrant, are denied and the applicants do not understand why. If your travel, temporary or permanent work visa has been denied you probably have questions such as: Why was my application denied? Can I reapply? Or, am I eligible for a waiver?
A tourist, temporary or permanent visa denial can be attributed to a number or reasons, which are outlined by the Immigration Nationality Act. Your status when you filed your application and numerous other factors can lead to a denial of your visa application. A denial may be the result of something as simple as a mistake on your visa application, an omission or an inaccuracy. Or, you may be denied because you have been deemed inadmissible based on a prior criminal conviction or a past immigration violation.
Those are just a few examples of why you may have been denied a visa. Typically, immigration authorities will inform of why your visa was denied and whether you are eligible to reapply or qualify for a waiver of inadmissibility. You may also be able to file a motion to reopen or reconsider. However, their explanations are often hard to understand and do little to help an applicant understand how to fix the problem.
If your nonimmigrant visa—travel or temporary work visa—is denied, you may be able to reapply and include more documentation to overcome the prior failure. However, depending on the reasons for the denial and any changes in status, you may not be able to reapply.
If your immigrant—permanent visa—is denied you may be able to change the visa classification you are applying for, reapply, file a motion to reopen or reconsider, or file an appeal.
If your visa has been denied based on a prior criminal conviction, you may still be able to apply for a waiver. Not all crimes are grounds for inadmissibility, but interpreting these lawsis extremely difficult and confusing. This is when my experience with immigration laws and criminal statutes will work in your favor.
Applying for an inadmissibility waiver is a complicated process; each ground of inadmissibility could require a different waiver. Simple things, such as where to send your waiver, when to send it, what the fee is, and what to send with it can be confusing to the first time applicant. Providing the evidence and explanations needed to overcome the denial and receive the waiver is extraordinarily difficult. With inadmissibility waivers, the Department of Homeland Security has broad discretion to deny or approve your waiver so accuracy is of utmost importance. If you need to apply for an inadmissibility waiver you can avoid mistakes and delays if you contact a New Jersey immigration attorney.
Depending on the details of your application and denial, these ineligibilities can be resolved by you, your immigration attorney, U.S. sponsor, your visa classification or in immigration court. When dealing with denial of a visa it is always beneficial to have to legal representation to help you make the necessary corrections on your application. If you must meet with an immigration official, having me by your side will give you a greater chance of convincing authorities you deserve the visa for which you are applying.
Immigration law is one of the primary focuses of my New Jersey law practice and I am well-versed in all aspects of immigration law, making me highly qualified to help you with a variety of immigration issues. Whether you need to apply for visa, green card or fighting deportation, I will be an asset to your case. Immigrants in Clifton, Elmwood Park, Jersey City, Elizabeth and Newark can contact my office to set up a consultation.