During submittimg the application and the required documentation, as well as passing the interview at the U.S. Consulate for an obtaining an immigrant ( Green Card ) or a non-immigrant visa, many applicants are faced with such a problem as a failure in obtaining a visa. Why can this happen?
There are several reasons why a person can be recognized as one who has no right to enter the United States. The most common ones are:
- The criminal past;
- Committing fraud in obtaining a U.S. visa;
- Periods of unlawful residence in the U.S. that lasted for more than 6 months, this dooms the applicant for a compulsory ban on entry into the United States for a period from 3 to 10 years.
However, there are some cases when the U.S. consulate can give exceptional permission to enter the United States ( waiver ). It all depends on reasons of ban, correctness of consular decisions and the possibility to cancel the ban. In this situation, the right thing is to consult with a lawyer.
If you faced with such situation, but you met all the requirements of an immigrant visa or a K-visa, you can apply for the Form I-601 – a petition for permission to enter. The applicant must be a spouse or a child of a U.S. citizen or legal permanent resident and must demonstrate that the ban on his/her entry creates an extremely difficult situation to the American relative.
Application on Form I-601 for admission to enter, along with the accompanying documentation is supplied to the Consular Section of the Embassy, that made a decision to ban. The Embassy sends an application for review to the relevant department of the Citizenship and Immigration Services (USCIS). If the statement comes failure, you can file an appeal to the Department of Administrative appeals.
To learn more about the process of applying for a U.S. visa, visit our website http://www.usimmigrationapplication.org/visas