Failed to Obtain a U.S. Visa: Reasons for Denial and How to Address Them
Published: 2024-08-31 | Updated: 2024-08-31
CONTENTS
- Introduction
- Why Was My U.S. Visa Denied?
- The Most Common Reason for Denial: 214(b)
- Reasons for ESTA Application Rejection
- What to Do If Your U.S. Visa Application Is Denied
- If You Are Denied Due to a Status Change
- If Your Visa Is Denied Under 214(b)
- Preparing for the Tough U.S. Visa Application Process
- Conclusion
To enter the United States, you need either a visa or ESTA. A visa is a permit issued by a country to allow entry, acting as a system to protect both the country and the traveler.
Visa applications undergo a review process through documents and interviews, and if deemed unsuitable for travel, the application will be denied. This article explains the reasons why a U.S. visa may be denied and how to address them.
Why Was My U.S. Visa Denied?
There are immigrant visas and non-immigrant visas for the U.S., and for business or tourism purposes, a non-immigrant visa is required. The application review takes place at U.S. embassies and consulates in Tokyo, Osaka, Fukuoka, Okinawa, and Hokkaido. If there are valid reasons, the visa may be denied.
The Most Common Reason for Denial: 214(b)
The visa denial notice includes the reason for rejection. The most common reason for U.S. visa denial is being judged under "214(b)."
214(b) refers to Section 214(b) of the Immigration and Nationality Act, enacted in 1952. In short, this law assumes that "all visa applicants have an intent to immigrate." Therefore, if a person is denied under 214(b), it means that they failed to provide sufficient evidence to refute this assumption, leading the U.S. government to suspect that the individual might stay permanently after traveling.
If your documents are incomplete or your interview answers are unclear or contradictory, there is a possibility that your application will be denied under 214(b). You can reapply, but it is difficult for someone who has been denied once to obtain a U.S. visa with only minor changes.
To obtain approval, it is essential to identify what went wrong and prepare thoroughly.
Reasons for ESTA Application Rejection
The U.S. has a Visa Waiver Program, which includes Japan, allowing entry without a visa for stays of up to 90 days for business or tourism purposes. In this case, instead of a visa, you need approval through ESTA, an Electronic System for Travel Authorization.
ESTA can be applied for online without an interview, making it easier to obtain approval than a visa. However, not everyone can pass the application process. Especially in recent years, due to the impact of incidents like the 9/11 attacks, the process has become stricter.
When applying, pay particular attention to the nine questions regarding criminal history and overstays. These are yes-or-no questions, and if you answer "yes" to even one, your application will be rejected.
You can check your registration details on the official ESTA website, so if you are rejected, ensure you did not mistakenly select "no" for any of the questions. If you accidentally selected "yes" due to a mistake, you must inform U.S. Customs and Border Protection (CBP) of the correction. Additionally, rejection may occur not only because of these nine questions but also if your name matches someone on a blacklist or if false information was provided.
If ESTA is still rejected, you will need to obtain a U.S. visa at the embassy.
What to Do If Your U.S. Visa Application Is Denied
Even if your U.S. visa application is denied once, you can still obtain a visa by successfully reapplying. Understanding the reason for the denial and preparing thoroughly can increase your chances of success.
If You Are Denied Due to a Status Change
Non-immigrant work visas include various types such as student visas and business visas. Switching from one type of visa to another is called a status change.
A status change is only possible while you are in the U.S. The application undergoes a review process similar to the initial visa application, and the required documents vary depending on the circumstances.
Since it takes several months to complete the change from application to approval, it is important to apply early to ensure it is completed within your stay period. Although it is possible to overturn a denial through an appeal, in most cases, you will have to return home immediately if the appeal fails.
Since time is limited, it may be wise to seek assistance from an expert when applying for a status change.
If Your Visa Is Denied Under 214(b)
If your visa is denied under 214(b), you can reapply immediately. However, repeatedly reapplying with no significant improvements in your documents may result in a visa application ban. Although there is no limit to the number of times you can reapply, it is important to wait for some time and prepare more thoroughly.
Identify potential causes, such as incomplete documents or mistakes during the interview, and work on improving them.
Preparing for the Tough U.S. Visa Application Process Is Crucial
U.S. visas are known for being difficult to obtain. The U.S. is a nation of immigrants, and the high number of illegal residents and workers is a significant reason.
It is said that there are as many as 5 million illegal residents, and this is a major reason why applications are often denied under 214(b).
Additionally, the strictness has increased further due to incidents like terrorist attacks and policies during the Trump administration.
Although it is ultimately up to the discretion of the embassy, thorough preparation is essential to successfully pass the application process.
Conclusion
Given the internal issues in the U.S., such as immigration and terrorism, obtaining a U.S. visa is not easy. While reapplying is possible, you will not achieve a different result with the same application content as before.
Thoroughly identify the causes of your mistakes and work on resolving them.