Often, I first hear from a potential client only after their loved one has attended the interview and been given a letter indicating they are ineligible for the visa. “What do we do now?” There are really two kinds of visa denials.
The first kind, I like to call a “soft denial”. This is when the visa applicant receives a notice that they are found ineligible under some section of the Immigration and Nationalization Act, but the notice goes on to describe that further consideration will be given once the applicant or petitioner supplies some additional documents, described in a section with a box checked next to it below the initial notification.
Depending on the actual circumstances, the soft denial is a simple matter of supplying what is requested. It can even be as simple as the medical results have not yet been completed or submitted by the clinic or hospital. Sometimes it’s a matter of follow-up testing that could not be completed prior to the interview. For Example his happens pretty commonly in the Philippines, when the TB skin test results are positive. Sometimes a supporting document to the affidavit of support is missing and needs to be sent in before the visa can receive further consideration.
Even so, this kind of ineligibility notice or visa denial can be shocking and distressful. Please call us for a consultation immediately, if this happens, whether you are already a client, or are just hearing of us for the first time. How you respond is likely to be critical, and the Consular Officers seldom explain the implications of the notice clearly. Don’t make the mistake of concluding all you have to do is properly respond, and the visa will be issued.
A “Hard Denial” is quite a different matter. For a fiance visa or fiancee visa case, the “Hard Denial” usually means there’s nothing you can do but start over, if you still wish to do so. For a Spouse Visa Case, there are sometimes extraordinary measures that can be undertaken to keep the case at the Consulate for further consideration.
The first step, in either a fiancé, fiancée or spouse visa case, even before you call us, and whether you are already a client or not, is to have ask your loved one to write their own detailed report of what happened from the time they arrived at the Consulate, until they walked out, including, to the best of their memory, what was said, by whom and in what order. Special attention should be paid to each question asked and the answer given, in order and in as close as possible, the exact words. The applicant should avoid inserting their analysis of what they think the questions meant or how the Offer reacted. This can be added at the end of the detailed report, but not a part of the facts themselves.
This detailed report is critical for us to understand the underlying reason for the denial, which forms the basis for any plan to effectively deal with the issues. This is also the time to have a “come clean with each other” talk, so nothing is left misunderstood between the couple.
Call me anytime though, whether the report is finished or even started. Due to time differences and the need for the detailed report to be as accurate as possible, it is often possible the applicant can complete the report, before the US Citizen petitioner can reach us during our extended business ours, in US Central Time Zone.