U.S. immigration law delegates the responsibility for issuance or refusal of visas to consular officers overseas. They have the final say on all visa cases. By regulation, the U.S. Department of State has authority to review consular decisions, but this authority is limited to the interpretation of law, as contrasted to determinations of facts. Determination of facts involves such issues as social, family, and economic ties, residence abroad, etc. An applicant can influence the Embassy to change a prior visa denial only through the presentation of new convincing evidence of strong ties through a new visa application and interview.
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I was denied for a non-immigrant US Visa a while ago for the reason that the Consular Officer was not convinced that I will return back here in the Philippines… up to this very moment I’m so confused on how she came to a conclusion that I have intentions of staying more or less permanently in the USA. The situation is that I just want to visit my parents whom are Lawful Permanent Residents in the US and for the fact that we already have our Canadian Immigrant Visas, the Consular Officer said that for the moment I’m not qualified to have such Tourist Visa and it would be better if I will apply the said US Visa when we are already in Canada and we are already landed. I would find it hard to get such US Visa in Canada for the fact that in Manitoba, Canada, the place where we will settle-down for good is that there is no US Consular Office that can issue or can make an interview for such Tourist Visa and I will be forced to travel by plane or a very long hour drive to Alberta, Canada in order for me to apply such non-immigrant Visa. Second, I’m the principal applicant of our approved Canadian Immigrant Visa and there’s no way that my family can migrate to Canada without me so there is already a justification that I will definitely go back/return here in the Philippines. Most of all it would be very difficult to file a leave of absence or vacation leave to our new employers if we are already working in Canada as newly landed Immigrants… This is just the time that I wanted to see my old aged parents while they are still strong and while I still have plenty of time to see them before we migrate to Canada, such refusal of a tourist/visit visa really made me disappointed and confused to the exact reason of such denial. Kindly enlighten me and I would be very thankful.
Hello Vic – the consular officers are taking into account an individual’s economic and family ties to the United States as well as outside of the United States.
I am from India. I did my Engineering in Computer Science. I had a made a poor career choice and regretting now.. . I am currently working as a Senior Software Engineer in one of the software firms.. . I wish to do MS in USA. But I dont want to do it in anything related to Computer Science.. . I am more interested in English Literature or Psychology or Medicine related courses…. . Can a computer Science student do such Master degree courses in USA?.
One of the great things about studying in the U.S. is that you can study anything you desire IF you qualify for a Master’s program, but that will be between the student and the school. For more information on studying in the United States please check out this link: http://educationusa.state.gov/.
I was also rejected last Nov.2011. The consul refused me to attend seminar and also to visit my family. I have no intention to stay longer in US because of my JOB here in the Phils. The reason why I denied are lack of family ties and socio-economic status. Hmmmmm..I was not fully convinced bout the decision of the consul.
Hi Soy,
U.S. Immigration law is very strict and it requires that the applicant demonstrate to the interviewing Foreign Service Officer that he/she has strong social, economic and familial ties outside of the United States in order to overcome the expectation of immigrant intent. You are welcome to reapply and speak a different officer at any time, however, each officer makes their decision based on the same immigration law mentioned above. Good luck to you.
i was also rejeted twice when applying tourist visa in u.s. the reason of the consul is lack of socio econamic status just like soy i have no intention to stay longer in the u.s. because i have been in the government service for 27 years i just want to visit my sister and her family the consul only ask me what particular country i travel i said i been to australia, china, singapore and malaysia then she said she will not grant me a visa if i aapply again for a tourist visa what is the percentage to qualify me a tourist visa
Hi Catalina. You are welcome to reapply. The consular officer will inform you at the conclusion of your interview whether or not you are qualified for a nonimmigrant visa. To qualify for the visitor visa, you should be able to demonstrate sufficiently strong familial, social, professional and economic ties to a country outside the United States that would compel return after your temporary stay in the United States. For more information on ties, please read our previous blog post at http://blogs.usembassy.gov/philippines/?p=217.
I applied for US Visa last year together with my Husband and my daughter. I and my daughter was denied Visa. We have no intention of staying in US just want to see place and visit some relatives. The sad part is my husband was approved while I and my daughter was denied even if I showed already that I have a business here in Manila that require me to be back and also my daughter who is presently employed in an American company too.
Hi Dulce. Every applicant must qualify on his/her own merits. To qualify for the visitor visa, you should be able to demonstrate sufficiently strong familial, social, professional and economic ties to a country outside the United States that would compel return after your temporary stay in the United States. Ties are various aspects of one’s life that bind one to his/her country of residence, like one’s profession, employment, social and family relationships, and properties. All of these factors are considered in the process, and unless there is a strong indication that these are evident, consular officers are required to withhold the issuance of the visa. For more information on ties, please read our previous blog post here.
Hellow,
I am having my interview on 24th of this January and I am a student invited by a friend to attend a birthday party this month of May and told me they will pay for my transportation and they will provide me with the place to stay for 2-3 months. My friend also have mentioned on the invitation that we will tour to different places he named on the invitation. I have with me my transcript of record and validated ID. I don’t have bank account, I only have ties here are my family and my studies. You think I have no chance to get approved? I am just staying there for 1 and half months because I have to be back here before the classes start. I need help. I don’t want to miss this opportunity to go to my fantasy the Disneyland!!
Hi Sheila Mae. One’s eligibility for a nonimmigrant visa will be determined at the time of interview with a consular officer. To qualify for the visitor visa, you should be able to demonstrate sufficiently strong familial, social, professional and economic ties to a country outside the United States that would compel return after your temporary stay in the United States. In the case of younger applicants, who may not have had an opportunity to establish such ties, interviewing officers may look at educational status, grades, the situation of their parents, and the applicant’s long-range plans and prospects in the Philippines. For more information on ties, please read our previous blog post here.
Me and my sister applied for the first time an NIV back in NOV 2006 (accompanied by our mother since we were minors at that time) to travel for the holidays in the states DEC same year. While waiting for our number to be called, I caught a glimpse of our passports on this window that was issued already a “yellow” tag that indicates we are approved for a visa (yellow is granted, pink is denied). My eyes glistened in delight and finally when we approached the window, the lady consulate was a bit stunned to see me and my sister. I am not sure why, but I was observant enough to see how she smoothly took the yellow paper inserted in our passports out and replaced it with pink. I remember she asked me and my sister our birth dates and year in school. It’s as if she doesn’t seem to believe how probably our appearance match the info. She seemingly explained that we “look capable” enough to work and not come back. That was all she said- end of interview. As she said this statement, my heart just sank. Why did she placed the yellow tag in our passports if we did not qualify prior to seeing us? Why did she took them out and denied us when she saw me and my sister up front her window? Was it because me and my sister were taller and bigger than than the average Filipinos our age then? Until this day, I will never forget that moment when she took out our yellow tag after she saw me and my sister standing in-front of her with our mother. My parents has been traveling back and forth ever since I can remember when, with a 10 year multiple entry without question (then, till today) for leisure, travel, business and service to the Rotary International, and other organizations they are actively involve with. We are not going to risk and jeopardize the clean records and status of my family just because of staying there and not returning home. We are perfectly aware of how ugly the consequence are, and we do not want that– too much hassle. This totally made me wonder how then you define strong ties, or even the whole qualification assessed? We provided you the entire documents and DID happen to qualify, but ended up denied just after the lady consulate SAW us. This has brought trauma now in my attempt of applying again.
Hi Margarette. Every applicant must qualify on his/her own merits. To qualify for the visitor visa, you should be able to demonstrate sufficiently strong familial, social, professional and economic ties to a country outside the United States that would compel return after your temporary stay in the United States. Ties are various aspects of one’s life that bind one to his/her country of residence, like one’s profession, employment, social and family relationships, and properties. All of these factors are considered in the process, and U.S. Immigration Law requires that the visa application be refused if these strong ties are not apparent. In the case of younger applicants, who may not have had an opportunity to establish such ties, interviewing officers may look at educational status, grades, the situation of their parents, and the applicant’s long-range plans and prospects in the Philippines. For more information on ties, please read our previous blog post here.
Hello, my name is Melissa.
I have been denied twice in one year for a F1 visa……..would it be hard to get a Immigrant visa when I get Married to my US citizen fiancé?
Melissa, your K1 fiancé visa application will be evaluated by the Consular Officer on its own merits. Your F1 nonimmigrant visa refusals will not be a factor in the Consular Officer’s decision.
helo my 2 kids were denied last march .2011..theyre ages 20&24 coz theyre empty handed. they were given a year visa twice 1997&2006 while minors..can i join them on their scheduled interview april 12,2012 to bring and present these documents,titles,properties&businesses..another favor please..how can we seek for an earlier schedule this march instead april?coz we want to spend the whole summer mar-may and my daughter will have to come back in time for enrolment this june coz she’s graduating this year at Far Eastern University…PRAISE GOD! my husband and I were granted a 10yr visa last feb 7,2012 thru vrp.pleas reply sir/maam we come from general santos and want to go home rightaway..pls reply.thanks GODBLESS!
Good Day. My Visa was denied this Jun 13, 2012 Because my answer in my interview was not correct, because I was confuse for my answer. Can I retake again this Jun or July 2012? Because some of friends say that I need to wait for another
six month before I retake again.
Jes, there is no waiting period; you may reapply whenever you would like.
hi. I got denied for tourist visa twice. First was when I had to travel to the US with my mother for a trade show (my family is into exporting) and second was when I had to accompany my grandparents to the states. The consul said I lacked ties here in the Philippines. They said that they were not convinced that I am coming back home to the Philippines. My boyfriend for 3 years recently became a US Citizen (early this year)and he immediately petitioned me for a Fiance Visa and within 4mos, our case got approved. I will be having my interview this September. Will my denied Tourist Visas affect the Consul’s decision during my interview? I am really worried about this.
I was not surprised with the Consul’s decision since I was only 22 and a fresh graduate the first time I applied. Also I did both interviews in 1 year.
Angel, your prior tourist visa denials will have no bearing on your K1 application.
thank you very much for the reply
my wifes immigrant visa was terminated because the us embassy manila said we were not communicating but we have all the documents that we did communicate with them and we never recievd a letter from the us embassy manila for almsot 3years except for a termination letter
Thank you for your interest in the VISAtisfied Voyager.
In order for us to be more responsive to your concern, please send an email to IVManilaReplies@state.gov. The applicant’s complete name and case number should be clearly indicated when sending your inquiry.
Hi. My wife, my teenage daughter and I were denied a non-immigrant visa just this morning, Dec. 14,2012. I really miss my mother who’s going to be 76 this January and besides , me and my wife are doing great here. My question is , did my relatives (mother, 3 sisters and a brother) who are all US citizens have somehow any effect on the Consular Officer’s decision to deny our tourist visa? Thanks
Eugene, if you wish to clarify the reason of the denial of your family’s visa applications, you can send an email to the Nonimmigrant Visa Unit at ConsManilaNIV@state.gov. Provide your complete names and passport numbers. In general, nonimmigrant visa applications are evaluated under Section 214(b) of the United States Immigration and Nationality Act, which states, in part, that every applicant for a nonimmigrant visa ”. . .shall be presumed to be an immigrant until (s)he establishes to the satisfaction of the consular officer, at the time of application for a visa, . . .that (s)he is entitled to nonimmigrant status. . . .” This statutory presumption of immigration may be overcome by demonstrating sufficiently strong familial, social, professional and economic ties to a country outside the United States that would compel return after a temporary stay in the United States. Ties are various aspects of one’s life that bind one to his or her country of residence, like one’s profession, employment, social and family relationships, and properties. All of these factors are considered in the process, and U.S. Immigration law requires that the visa application be refused if these strong ties are not apparent.
Hi, I’m a 24year old working student in the Philippines. My boyfriend is asking me to visit him and meet his mom who’s terminally sick in America, our plan is to get married soon I finish my studies in the Philippines. My parents and family our in the Philippines. He will be supporting my travel. Do you think I will be granted a travel visa?
Angela, in evaluating applications, consular officers will look at each application individually and consider an applicant’s travel plans and ties outside the United States that will ensure departure after a temporary visit to the U.S. To qualify for the visa, you should be able to demonstrate sufficiently strong familial, social, professional and economic ties to a country outside the United States that would compel return after your temporary stay in the United States. Ties are various aspects of one’s life that bind one to his/her country of residence, like one’s profession, employment, social and family relationships, and properties. Please visit the nonimmigrant visas website for information on how applications are evaluated. Thank you.
I got denied for a tourist visa last November 2012. I really don’t know the exact reason why the consule office refused to give me a visa. He was insisting that I have met someone online that’s why I wanted to go to US. But its 100% not true. He also told me that I am too young to travel. I’m already 26 years old and I have a stable Job in Indonesia. Every two months I have two weeks vacation so I planned to spend my next vacation in LA to visit some tourist places. Does my job in other country affects the decision of the officer? I was really confused why I got denied even if I demonstrated that I have to return to Indonesia after two weeks. I have no family/relatives in LA.
You can send an email to the Nonimmigrant Visa Unit at ConsManilaNIV@state.gov if you wish to clarify why you did not qualify for a nonimmigrant visitor visa. Please provide your complete name, passport number, and date of birth in your email. In general, visitor visa applicants should be able to demonstrate sufficiently strong familial, social, professional and economic ties to a country outside the United States that would compel return after a temporary stay in the United States.Ties are various aspects of one’s life that bind one to his/her country of residence, like one’s profession, employment, social and family relationships, and properties. All of these factors are considered in the process, and U.S. immigration law requires that the visa application be refused if these strong ties are not apparent.
I am an OFW here in SaudirArabia working as a Physical Therapist.I was denied last year because i dont have strong ties that will compel me to go back to Saudi Arabia and Philippines.Today, I showed them support letter from my employer in US that I will be back after the exam but still the consulate here in Jeddah denied me for the same reason when in fact I dont have plans of staying longer after the exam since the first time I applied for visa.My coworker an Egyptian was given a visa for the same purpose.
You may wish to inquire directly with US Embassy in Saudi Arabia if you wish to clarify the reason why you did not qualify for the visa. In general, every applicant must qualify on his/her own merits. To qualify for the visa, you should be able to demonstrate sufficiently strong familial, social, professional and economic ties to a country outside the United States that would compel return after your temporary stay in the United States. Ties are various aspects of one’s life that bind one to his/her country of residence, like one’s profession, employment, social and family relationships, and properties. All of these factors are considered in the process, and U.S. Immigration Law requires that the visa application be refused if these strong ties are not apparent.