Consular processing is an important step for people seeking permanent residency (green card) from outside the United States. It involves submitting paperwork and attending an interview at a U.S. embassy or consulate in your home country. Then, a consular officer reviews your application and documents to decide if you qualify for a green card. It can be a nerve-wracking experience, especially when denial can mean a delay in your career plans or a longer time spent away from your family.
However, a denied application does not mean you are out of options. Officers will typically give you a written notice that explains the reason they denied your application. It should also cite the specific section of the Immigration and Nationality Act (INA) that applies to the case. Understanding which response you’ve received is crucial because it determines your next steps.
Straight denial
This means the consular officer rejects your application outright. This could be due to:
- Health issues, such as having a serious communicable disease, lacking required vaccinations or having a physical or mental disorder that could endanger yourself or others
- Convictions for crimes involving moral turpitude, drug offenses or multiple criminal acts
- Security concerns, which include suspicions of involvement in terrorism, espionage or other national security threats
A straight denial is serious and may require significant changes before you can reapply. You may need to address the grounds for inadmissibility or seek a waiver in order to get a visa.
Denial pending additional information
This means the officer needs more documents from you. They will typically specify what additional information they need, which can include:
- Proof that you have sufficient funds to support yourself in the U.S., which could include recent bank statements, tax returns or an Affidavit of Support from a sponsor
- Evidence of genuine relationship (for family-based visas), such as photos together, correspondence, joint financial documents or statements from friends and family attesting to your relationship
- More information about your job offer or current employment, which may include an updated employment letter, recent pay stubs or clarification of your job duties and qualifications
Take note: this isn’t a final rejection. You have a chance to provide the requested documents within a given timeframe.
Don’t let a visa denial discourage you
An attorney can help clarify the reasons behind your denial and guide you through your options.