How to process a waiver to apply for a tourist visa?

Visa denial is one of the most common immigration situations. Why is a visa denied? How to request a waiver for a tourist visa? How long do you have to wait to reapply?

At Quiroga Law Office, PLLC, we will tell you everything you need to know so that it does not happen to you too.

Reasons for US visa denial

In most cases, when a person is denied a visa it is because of ineligibility or inadmissibility.

Visa denial for ineligibility. It is when the person does not meet the requirements for the visa that he/she applied.

A consular officer can deny a nonimmigrant visa, such as a tourist visa if you:

  • Fit the profile of people who stay illegally in the US.
  • Have visited the country for several months or requested extensions of the visa period of stay
  • Requested a tourist visa for a long stay.
  • Have family members in the US, and there is a chance that you stay in the country.
  • Have been denied a visa before.
  • Have participated in the Visa Lottery, showing intention to stay.
  • Are suspicious of fraud with documents.
  • Do not prove strong economic and family ties with your country of origin.

Visa denial for inadmissibility. It happens when the requirements established by immigration laws for the person to enter the United States are not met.

The most common reasons for a visa to be denied are related to:

  • Risk of becoming a public charge
  • Have a contagious disease (health-related grounds)
  • Having committed an immoral crime
  • Have been convicted of drug trafficking
  • Have violated immigration laws
  • Impersonating a US citizen
  • Using false documents (immigration fraud)
  • Previous deportations or removals

In some cases, it is possible to request an immigration waiver to remedy some of these situations.

Keep in mind that a tourist visa that was not approved for not having proved strong family and economic ties with the country of origin is not a cause of inadmissibility, and it is not possible to request a waiver.

Also read: What is an immigration waiver?

How to request a waiver to apply for a tourist visa again?

If you were denied a tourist visa, it is necessary that the circumstances of applying for it to change before reapplying, so you have a better chance of approval. If not, most likely will be denied again.

The first thing to consider is the type of problem that caused the denial. You need to know the reason why your visa was not approved.

Once you identify the issue, you must request an application for a waiver of grounds of inadmissibility that applies to your case. The estimated time of the procedure is 4 to 6 months.

It is also possible to request a waiver for a provisional unlawful presence, if applicable in your case, to apply for a tourist visa. In this case, you will have to wait between 13.5 and 22.5 months.

Finally, if it applies, you can request permission to reapply to the US if you have been deported before. You will also have to wait 4-6 months.

In any of these cases, it is necessary to fill out the forms and pay the established fees for each procedure.

It is recommendable that you seek the advice of an immigration lawyer. That way your process will not be delayed, and you will be sure that you are always going the right way.

How long does it take to reapply for the visa?

Some consulates and embassies require at least six months between the visa denial and the new request.

In other cases, there is no specific waiting time. For example, when the visa denial is due to the section of law 214 (b) or when the consular officer is not convinced that your ties (labor, economic and social) are strong enough to stay in your country of origin.

In this situation, it is advisable to solve these problems before resubmitting the visa application again. It means that you will have to fill out the forms and pay the corresponding fees again.

Tips for reapplying for a denied visa

Remember that your visa can be denied because you are ineligible or inadmissible.

In most cases, ineligibility grounds are solved by proving your economic, familiar, and social ties in your country of origin. These will indicate to immigration authorities that you have no intention of staying in the county.

On the other hand, inadmissibility grounds are solved through an immigration waiver, which will depend on the type of issue that applies in your case. The advice of an immigration lawyer is recommendable before processing your waiver.

If you are not sure about the reason for the denial of your visa, request your immigration record, and examine your possibilities.

The best way to successfully process a waiver is through the experience and knowledge of a certified immigration attorney.

Avoid at all costs the help of “advisors” who offer to process your waiver in record time. Do not waste your time and money on unscrupulous people.

At Quiroga Law Office, PLLC, we are willing to help. We can advise you about the immigration procedures that you and your family need.

Do not hesitate to contact us. Our team of lawyers will take care of your case and will be with you throughout the process.

Request a consultation or call us, (509) 498-3485.