US visit visa: can I appeal against my refusal?

Everyday across the world thousands of visa applicants are refused visas at US consulates. Whiles many of these refusals can clearly be justified on the evidence, there are a great many who feel they should have been issued with a visa on the basis of the evidence.

A refusal under section 214 (b)

The most common ground for a B visa refusal is under section 214 (b). A refusal under section 214 (b) simply means that you failed to satisfy the consular officer (CO) that you have sufficient ties to your home country to justify your entitlement for the visa.

In determining whether you have ties, the CO will consider whether you have a permanent employment or business, meaningful financial and economic connections, close family ties, social or cultural associations and any other factor that will induce you to return to your home country.

Can I appeal the decision to refuse?

The consular non-reviewability doctrine under US immigration law states that a decision by the CO is not subject to review by the judiciary or other authority. This means that no authority has power to determine whether the CO’s decision to refuse you a visa under section 214(b) was in accordance with law.

However, the Foreign Affairs Manual (FAM) requires consular supervisors to adopt internal review procedures by reviewing at least 20% of all nonimmigrant visa refusals especially the ones emanating from less experienced CO’s. This is designed as a tool to maintain high professional standards of adjudication.

In practice, these internal reviews hardly ever result in cases being overturned and the applicant being recalled for the issuance of a visa. Therefore, the only remedy available to you after a refusal under section 214(b) is to make a reapplication.

How can I make a reapplication?

You can make a reapplication at any time after your initial refusal. You must complete and submit a Form DS-160, pay the relevant visa fee, submit your biometrics, and appear for a personal interview in the same way as your original application.

When can I make a reapplication?

The law does not set any time limit within which you may make a reapplication. However, COs generally tend to be biased towards applications made immediately after a refusal. This is based on the assumption that ties are such things that cannot reasonably change overnight.

If you were refused a visa under section 214(b), the CO may generally find it difficult to accept how you could have suddenly developed ties within a month or two after your initial refusal.

To establish that there has been a change in your circumstances, there has to be a reasonable time between your previous refusal and your reapplication. Generally, a minimum period of 6 months is considered sufficient time to establish a change in circumstances.

What factors must I consider in making a reapplication?

In considering whether to reapply, you may first consider whether you explained your situation accurately at the interview. If you think you did, you may further ask yourself whether in your opinion, the CO overlooked something in your application.

If that is also the case, you may finally wish to consider whether you have any additional information you can present to establish your ties.

What are my chances?

The determination by the CO that you did not qualify for the B visa in your original application was made only on the basis of the facts that existed at the time of the application. The law requires the CO to give full consideration to any evidence presented by you to overcome the refusal.

Therefore, the fact that you failed to prove that you qualify for a B visa at the time of your original application should not preclude you from subsequently qualifying for the visa in a reapplication.

Unfortunately however, a number of applicants may never be able to show sufficient ties or a change in their circumstances and may not qualify for a B visa regardless of the number of times they reapply.

To be continued…

Disclaimer:

This article only provides general information and guidance on US immigration law. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. The writer will not accept any liability for any claims or inconvenience as a result of the use of this information.

The writer is an immigration law advisor and a practicing law attorney in Ghana. He advises on US, UK, and Schengen immigration law. He works part-time for Acheampong & Associates Ltd, an immigration law firm in Accra. He may be contacted on [email protected]