Visa Refusals under Section 212(A) of the Immigration and Nationality Act

The visa interview is not primarily document based. Consular Officers are trained to focus on the relevant issues during the interview which often means the process is short. A few targeted questions together with the answers on the visa application form completed by the applicant are often all that is required to make a decision.

Applying for a visa is not primarily a document-based process.  The main issue in determining if an applicant qualifies for a visa is intent, and documents alone cannot establish intentions.  Officers refer to documents only if they can provide additional insight into the case. The application form, if completed thoroughly, contains the information needed to adjudicate the visa.  If additional documents are required, the officer indicates that during the interview. It is the interview that is the most important part of the officer’s decision.

Applicants must satisfy the interviewing consular officer that they are qualified for the visa and that they will depart the United States at the end of their authorized stay.  The main issue in determining if an applicant qualifies for a visa is intent and documents alone cannot establish intentions.  The consular officer uses the interview to determine the intentions of the applicant and in doing this considers the applicant’s family relationships, employment, education and prospects in the United Kingdom together with other factors, including travel patterns to the United States.

Strong ties differ from country to country, city to city, individual to individual.  For those applicants who do not have a permanent residence in the United Kingdom, it is often a question of time and the best way to qualify for a visa is to reside in the United Kingdom for a longer period of time and to build further social and economic ties here.  In cases of younger applicants who may not have had an opportunity to form many ties, consular officers may look at the applicants specific intentions, family situations, and long-range plans and prospects within his or her country of residence.

There is no specific period of time you are required to wait before you reapply. We do, however, recommend that you think about your situation before scheduling a further interview. Unless your circumstances have changed considerably, it is not likely that you will be able to establish your eligibility for the visa. Often it is a question of time and the best way to qualify for a visa is to reside in the United Kingdom for a longer period and to build further social and economic ties here.