Re-applying for a non-immigrant US visa
When US consular officers tell a visa applicant, "I’m sorry, but you are not eligible for a visa at this time!" it’s usually uttered in a very quick and monotonous tone. But this can have a long-lasting effect on the applicant, who most often than not, takes the Consular Officer’s decision very personally and sensitively.
Since opening our satellite office in Manila in 2006, I have consulted with hundreds of individuals and families who have been denied US visas. I’ve worked with individuals, families, and groups who’ve collected one, two, or three denials under their belts and even had one with as much as nine denials! The horror stories I’ve heard and the strategies they’ve thought up in re-applying for a visa made me realize that people just don’t know the basic rules and procedures in applying.
After a denial, a common description by applicants of their experience in the US Embassy is -- "Natatakot ako mag-apply ulit" (I’m scared of applying again) or "Na-trauma na ako!" (I’m already traumatized!). Then, when they do decide to re-apply, their approach is misguided and preparation is lacking. These applicants have tried every angle, except the right one, to increase their chances of getting a US visa.
All these so-called angles are acquired from people around them, who are more often than not, unreliable sources. I’ve heard several approaches that really don’t fly and do nothing but dig the applicant in deeper into the pit of denials. These common strategies, to name a few, are (1) not disclosing certain material facts on the DS-156 and DS-157 forms; (2) losing one’s passport to hide the "Application Received" stamp, which is evidence of a denial; and (3) submitting fake, altered, or fraudulent documents.
These approaches, and those similar to it, have been handed down to wave upon wave of applicants by unreliable sources and those who hold themselves out to be knowledgeable in visa applications but who really don’t know a thing about US visa application procedures, the applicable US Immigration Law on Non-Immigrant visas or even US Consular Practice.
As a US immigration attorney, when I consult with individuals, families, and groups interested in applying for a US visa, I often struggle to re-calibrate their minds to erase and let go of everything they’ve heard as to how to apply for a US visa from people around them like friends, relatives, agents, etc. It must be understood that each applicant is different and unique from the next applicant; that everyone has a different profile and set of life experiences that makes seemingly similar applicants receive different results. Thus, even if your neighbor, brother, sister, cousin, or anyone you know gets denied a visa, it does not follow that you will get denied as well.
For those unfortunate enough to be denied a visa, do not feel like it’s the end of the world. Don’t give up and be hopeful that you still will be able to go to the US at a future time. However, your next application will need a strategic approach and better planning. It’s not just a matter of waiting another six to twelve months to re-apply, as you’ll usually be told.
To strategize a re-application for a US visa, one of the most important considerations is to first know the rule for re-applying. Simply put, an applicant for a US visa can re-apply if there has been a "significant change" in his or her situation, whether it’s family, economic, or social.
Thus, if you were denied a visa because you were single, then a significant change for you is when you are now married and have children. If you were denied because you didn’t have a job, then a significant change for you would be when you would have secured one.
It’s really not the timeframe that determines the success of your re-application but the change in your life situation. As you can imagine from the examples above, some significant changes can happen overnight. These changes are considered by the Consular Officer coupled with several other factors in the application, which is why it is important to seek the advice of a competent US immigration attorney prior to making your re-application or even in making your very first application. As I always tell my clients, "do it right the first time!"
Atty. Michael Templo is an admitted attorney in New York, USA and is a partner at Templo & Templo with offices in New York, USA and Makati City, Philippines. Atty. Templo specializes in US Immigration matters. The discussion above is not intended as legal advice, and cannot be relied upon for any purpose without the services of a qualified professional. For your comments and questions, Atty. Templo can be reached at mdt@templolaw.com or log on to www.templolaw.com.