There are different reasons why an immigrant may not be eligible for a visa. Here are some of those reasons:
Too Many Visits or Requests to Have Your Visa Extended
The law allows people to stay for a long time in the United States as long as they respect the date of departure indicated on the I-94 form. It also states that a person may request an extension of their visa or a change of status. This is alright as long as the person does not arouse the suspicion of the consular or immigration officer at the airport or border. If that were the case, the officer could come to the conclusion that the immigrant:
- is working in the United States without a work permit
- does not have the correct American visa (they have a tourist visa, for example, but they are actually studying or staying permanently in the country)
- does not have any strong economic or family ties with their country of origin and they are actually staying permanently in the U.S.
Problems with the Officer
Consular officers may make mistakes. There are two main reasons why:
- Little knowledge of the language. This is more common in countries with more complicated languages. In the case of Spanish, the State Department has very competent professionals.
- The consular officer has no experience regarding a certain type of visa; therefore, due to their doubts, they may deny it. This is more common in the case of complex visas. It is not often the case of tourist visas.
If you think that this is the reason why your visa was denied, you need to consult a lawyer.
Requesting a Long Term Tourist Visa
Requesting a long term tourist visa may be considered suspicious. The consular officer may doubt and wonder if the applicant truly has economic and family ties in their country of origin (which is an essential requirement in order for the visa to be approved).
You should take into account that your visa may be denied if you say at the interview that you want to stay in the U.S. only for a few weeks and, once you are there, to request an extension. It is important that the applicants do not lie about the time of their stay.
Change of Visa
If a person enters the United States on a tourist visa, and soon requests to change their type of visa at the USCIS, they may be suspected. The immigration officers may think that you always had in mind to look for a job in the country, and get a visa that allowed you to work there.
A Visa Denial per Family
When all the members of a family request a visa to the United States, if the reasons why they are travelling are not clear or if the officers suspect that they wish to stay permanently, it is possible that the Consulate approves some family members’ visas, but not everyone’s. They usually deny the visa of one of the members. For example, they approve both parent’s visas, but the deny the kid’s