A Quick Guide To the Various Sections of Immigration and Nationality Act
United States is a dreamland for many. There are two US visas you can apply for, when considering immigrating to the country. One is the immigrant visa (family-based or employment-based) and other is a non-immigrant visa (it includes B-1/B-2 visitor, F-1 student, H-1B temporary worker).
But due to some reasons, people face visa denial and visa refusal when immigrating to US. Visa denial and visa refusal, both are different, but have same consequences — failure, disappointment, and confusion over what to do next to proceed the visa application legally.
Sometimes people get confused in visa denial and visa refusal. So, it’s very important to have a proper and clear knowledge as proving your application’s validity is not an easy task.
About INA-
Immigration and Nationality Act, or INA, founded in 1952. It is the primary body that includes various rules and regulations of immigration laws. Below, we will discuss some of the sections that include a number of different reasons, according to which an application is labeled as denied or refused. These different sections are-
Refusal
Section 221(g)- Incomplete application or supporting documentation
In 2016, more than ten lakh visa applicants were refused under section 221(g). If the visa is refused under this, it implies that you have not filled all the columns of your application that are actually required by the embassy or the immigration committee.
It may include that you have not provided the necessary documents. This is also named as soft refusal because you get a chance to fulfill the required documents before the final conclusion. This can be corrected just by submitting the required documents within a year.
Hard denial
Section 214 (b)- Visa qualifications and immigrant intent
Also named as hard denial. Under section 214(b) of the Immigration and Nationality Act, an applicant is supposed to have immigrant intent, means- his/her desire to live in the United States permanently.
The denials under this section are always applicable to the non-immigrant visa applications. In 2015 and 2016, more than five million non immigrant visa petitions were denied under this section. Some of the major reasons that are used by embassy to deny visa applications are-
- Insufficient relations with the home country.
- Interview difficulties.
- The visa applicant is no longer staying in his home country.
- Engaging in unlawful or legal employment in US.
- Incorrect consular understanding of facts or law.
- Applications of older students (over the age of 30).
- And a perceived poor track record while in the United States (such as- poor grades or poor attendance in the class).
Section 212 (a)- objectionable or unreasonable grounds
Section 212(a) of the INA includes several grounds on which the application can be denied or is unacceptable by U.S. embassy.
Visa denials and refusals are done on clear basis, but it’s not easy to understand these sections and reasons. An expert immigration lawyer can make you understand these processes and sections.
If your are trying to immigrate to US and looking for an expert lawyer, do visit: Michael Wildes Reviews and check out the reviews of other clients mentioning their experience with the lawyer.
