Daily Archives: February 16, 2016

Top Five Reasons Why Your United States Immigrant Visa Might Be Denied

If you are a Carson City area resident in the process of applying for an American visa in order to immigrate permanently to this country, you are probably familiar with the stress, worry and uneasiness that this type of application procedure can cause. After all, visas are denied all of the time to kind and honest people, seemingly without cause – could it happen to you?

The answer is yes – but a good Carson City immigration attorney will be able to guide you through the system and dramatically increase your chances of success.

Visa denial reasons are known in the legal system as “grounds of inadmissibility” and knowing in advance if you might fall afoul of any of these circumstances can truly help your success rate, as it will allow your immigration lawyer to prepare.

As of 2012, these are the top five reasons why visa applications to the U.S. were denied. 

  1. Application does not comply with provisions of law or regulations – Errors, misunderstandings and mistakes are the number one reason why applications get denied – in order to decrease the odds of this happening to you, you need to consult with a skilled immigration lawyer.
  2. Labor certification – Many people dream of finding a great job in the United States and having their employer sponsor them for an immigration visa. This is a great idea in theory, but very rarely succeeds (as of 2012, the failure rate was 97%!). Your employer will have to demonstrate that no American citizen could fill the role that you are occupying – with over 320 million people in the U.S., this is very difficult to do.
  3. Unlawfully present 365 days or more – If you have been in this country unlawfully for over 365 days (or more), do not give up hope, but definitely get a great immigration attorney on your side. There are waivers available to cure this ground of inadmissibility. It is best to consult an immigration attorney before submitting any paperwork or departing the United States to attend an interview at a consular post abroad.
  4. Misrepresentation – Rule number one: do not lie! Even if you have to include some undesirable information, it is best to be completely honest in order to prevent being denied under the category “misrepresentation.” If you lie or misrepresent yourself or your situation and you are caught (and you will be caught) you will face an 80% denial rate. It is not worth the risk!
  5. Unlawfully present after previous immigration violations – If you have been caught in violation of immigration law in the past (i.e. you were ordered removed or deported and then tried to enter the U.S. illegally), you will need to wait at least ten years before even applying for permission to apply for another US immigration visa. With that said, some people do take a risk and apply again before the ten years is up – they are denied 100% of the time.

If you have an immigration-related question, or are seeking legal counsel then reach out to our team here, or call us at 775-453-4451.

Disclaimer: Information contained in the blog and in this website is provided for general informational purposes only. It is not legal advice nor does it create an attorney-client relationship.