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Ask the Consul

The Consular Officer has just denied my immigrant visa application. I do not agree with the decision and am very unhappy about the outcome. What should I do at this point?

January 10, 2011

Consular Officers must deny immigrant visa applications in certain cases following an interview.  Some denials are temporary and some are permanent.  If fraudulent documentation has been used at any point of the process, or if an applicant or petitioner is being dishonest about the nature of their relationship, the case must be refused.  Other events can also occur that disqualify an applicant for the visa: the death of the petitioner prior to visa issuance of the principal applicant, the marriage of an applicant who applies as the child of the Legal Permanent Resident, etc.

Arguing with a Consular Officer will never have a positive effect on the outcome of your case.  If an applicant or petitioner becomes loud or unruly inside the Consular section at any time, they will be removed by security and can be arrested by local police.  Participants in fraudulent petitions can also be prosecuted for their involvement and sentenced to five years in prison and fined up to US $250,000 or both.

If you have not received your visa for any reason following your interview, it is important that you listen to and follow the directions provided by the Consular Officer.  The Officer will always clearly explain the reasons for your refusal and also provide you with a written explanation under the law.  If the refusal is temporary, the Consular Officer will explain what the next processing steps are.  The Consular Officer will always follow US immigration law.