My marriage as bona fide marriage. 03. Lack of

My spousal visa to US has been denied. What to do?

A visa is an official document, or a stamp put on your passport, which allows you to enter or leave a
particular country. Since, it is important from the security point of view for every
country to maintain a list of all those people who are coming from other countries
in their country for scrutinizing their activity and other behaviors, so taking
permission of the host country in the form of visa is very important for
entering that country. Before granting the visa, the host country takes all the
required information from the people applying for visa.

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United
States Citizenship and Immigration Services (USCIS) is the government agency
that oversees lawful immigration to the United States. It is a component of the Department of Homeland Security.
It is USCIS who manages the process that allows current permanent residents and
U.S. citizens to bring close relatives to live and work in the United States.

The most common
grounds on which the USCIS rejects the visa application are,

01. Incorrect Information about the
applicant – For getting a US visa,
one needs to fill and submit about a dozen of forms along with the application
form. Each of these forms needs to filled correctly and any error or omission may
lead to rejection of your application. It is always advisable to consult an
immigration lawyer for filling up those forms. In some cases certain omissions
or improper answers could lead to a finding of fraud/misrepresentation at the
interview. Failing to respond to a request for additional information properly
or failing to show up at the right date/time for biometrics or your green card
interview can have dire consequences.

02. Fraudulent
marriage or fake marriage – USCIS will reject one’s application for US visa
if it is of the opinion that the marriage is a fake marriage or fraudulent marriage.
For proving one’s marriage as bona fide marriage, one needs to show up a lot of
document proving his/her marriage as bona fide marriage.

03. Lack of Financial
Support – The USCIS
will not admit any immigrant who will likely become a public charge.
A public charge is someone who cannot support themselves in the U.S. and
must resort to the government to support them financially.  Such a person
cannot immigrate to the U.S., and you will need an “Affidavit of Support” from
your spouse petitioner to show that you have financial support here and will
not need to rely on government assistance.

04. Previous Criminal
Record – A foreign
national is inadmissible to the U.S. if he or she has been convicted of or
admits having committed acts which constitute the essential elements of either
(1) a crime involving moral turpitude
(CIMT); or (2) an offense relating to a controlled substance.

05. Health-Related
Grounds – A foreign
national will be denied entry if they are determined to have a communicable
disease of public significance.  Inadmissibility may also be determined
based on vaccination history, physical or mental disorder, drug abuse and
addiction.  HIV+ individuals no longer fall into this category.

WHAT TO DO IF YOUR US
VISA HAS BEEN DENIED?

If
one’s spousal visa is denied at USCIS, then there exists no direct appeal against
the decision of USCIS. However, you can request the officials to reopen that
case and they will do so only if can supply new information that is likely to
change the earlier decision.

If
your spouse applied for an immigrant visa (the entry document used to claim
lawful permanent residence) at a U.S. consulate or embassy in his or her home
country, and the case was denied, then no direct appeal is available. However,
in some cases your lawyer may be able to request an advisory opinion on the
case from the State Department’s Visa Office in Washington DC, and then use
that to request that the consulate grant the immigrant visa after all.

In
many other cases, however, the best bet course of action is to figure out what
went wrong the first time and then reapply, making sure to correct the earlier
problems.