Non-Immigrant Visas

When a visa has been denied:  Re-Application process

The immigration law (INA) of the United States requires that each applicant for a tourist, business and most other non-immigrant visas must prove strong family and economic ties to their nation of residence. The applicant must show that these ties are strong enough to obligate him or her to leave the U.S. at the end of the authorized stay. The applicant must convince the consular officer of his/her qualifications and not rely on the guarantees of a relative or a friend no matter how sincere.

Under section 214(b) of the INA, every applicant is presumed to be an intending immigrant to the U.S. until the applicant proves otherwise to a consular officer in the interview. The consular officer takes into account such factors as the applicant’s family ties, employment, and income when determining if the applicant meets the legal requirements for visa issuance.

Applicants who have been refused may re-apply at any time for another interview. In order to re-apply, applicants must again follow the same procedure:

1. Contact our call center and make an appointment to come to the consulate and drop off your re-application.
2. Fill out a new electronic visa application form DS-156. Men between the ages of 16 and 45 should also complete a DS-157.
3. Assemble your papers, which should include your valid passport, your application forms and any suggested documents that are relevant to your case.
4. Arrive at the embassy 15 minutes before your scheduled appointment.
5. The consular officer will take your fingerprints and you will be interviewed again by a different consular officer.

Please see below for a set of common questions relating to visa refusals.

Answers to Common Questions

Why didn’t the consul give me time to explain?

The consular officer who considered your application is well trained. In a very short time, a consular officer will look at several important issues: your economic and social condition in home country, your stated reason for going to the United States, previous travel, your financial resources, and so on. Based upon the unique circumstances of your case, the consular officer asked you questions he/she thought necessary. The consular officer weighed your answers with the specific facts of your case. The high volume of applications we receive demand that the consular officer examine your case only as far as necessary for him/her to make a decision. Unfortunately, a consular officer cannot always base his decision on what the visa applicant tells him, but must consider all the facts of the application along with his/her own understanding of conditions in the applicant’s home country.

Why didn’t the consul look at my documents?

Applying for a visa is not about documents. Consular officers seldom spend a lot of time examining documents. The most important issues are your reason for travel and your current circumstances. Documents alone never will establish those things. Depending on the facts of your case, the consular officer may or may not need to examine your documents closely to make a decision. You were correct to bring documents with you, in case the consular officer needed to refer to them. If the consular officer made a decision in your case without looking at your documents, it was because the facts in your case were clear. If your visa was refused, it is highly unlikely that any document you could provide would significantly change the consular officer’s decision.

When can I apply again?

There are no restrictions on new applications. Unless there is a major change in your situation, a new application will probably not change a consular officer’s decision. All visa decisions are made according to the U.S. law. Therefore, applying at a different American Embassy or Consular Office will not help you obtain a visa.

What do you mean my situation isn’t strong enough? What can I show you to get a visa?

A visitor, business or student visa can only be issued if you show that you have strong economic and social ties that will ensure you will return to your own country after a short stay in the U.S. The consular officer must see there are strong reasons (such as career, education, good business) to believe you will return to Guatemala and not stay in the United States. Unfortunately, there is no simple list of things that might prove you have these strong ties. The consular officer looks at many things, such as your current job, financial resources, past travel, social or family obligations, or your future opportunities in Guatemala. Simply owning property or having a bank account or bringing documents do not by themselves qualify you for a visa.

Why do you stamp my passport?

U.S. government procedures require that all visa applications be recorded in this way. It helps us to quickly find your file should you apply again. The stamp is not an official record of a visa refusal. Official records of all visa applications, both issued and refused, are kept separately, by computer.

Was I refused because I’m from another country?

U.S. law does not permit discrimination against anyone based on nationality. As explained above, consular officers look at each visa application on its own merits. A visa can only be issued if you can show your strong and compelling reasons to return to your country after visiting the U.S. It is difficult for a consular officer in Guatemala to make decisions about your ties to a country outside of Guatemala. The consular officers in Guatemala are accredited to Guatemala, and have a good knowledge of Guatemala’s economy, society and conditions. They do not have this same knowledge about other countries of the world. It is difficult for them to judge your situation if you do not live in Guatemala. It might be best if you make any future visa applications in your home country.