Being found inadmissible under U.S. immigration laws can have a longstanding effect. It is not simply a case of reapplying and hoping for a different result. A finding of inadmissibility generally stands until circumstances change. A finding that you lied on a visa application can bar you from entry to the United States for years to come. For these reasons, it is important to recognize when issues in your past may affect your admissibility to the United States and to take appropriate action to address those issues. Our NY immigration attorneys at Bretz & Coven, LLP can help you understand what it takes to receive a visa so that you can get it right the first time.
Unlike deportation, which can bar you from reentry for up to 20 years, a prior denial of an entry visa is not necessarily preclusive. However consulate officials do ask you if you have been denied a visa and do investigate to discover if the cause of that denial still exists. Reasons for denial include:
Unless circumstances have changed and the reasons for your denial no longer apply, receiving a different decision on subsequent applications is often unlikely. For these reasons, your first attempt is usually your best chance for successfully receiving a visa.
A denial of a green card is similar in that, while not necessarily preclusive, it does make success less likely on subsequent applications. That is why it is important to exercise your appeal options fully, rather than simply committing to filing a new application. A denial can be reopened if new material evidence has come to light. You can also request that immigration authorities reexamine your application considering any legal or factual argument you or your immigration attorney may make. In some cases, such as denials based on criminal history, there is ample room for legal argument. In others, such as denials based on health or financial support, there is a high likelihood that circumstances may change in your favor. Whatever the case, however; diligently pursuing your application and cooperating with immigration authorities is essential to success on your road to residency and citizenship.
If you have been denied a visa or green card or are worried that issues in your past may hurt your application, our knowledgeable NY attorneys may help increase your chances of success. Contact our experienced immigration lawyers in New York City today at 212-267-2555 or online for creative solutions to your complex immigration problems. For an office appointment in Metro Park, New Jersey, call 1 (732) 313-0075.