Visitor Visas/Overcoming Visa Refusals

Visitor Visas/Overcoming Visa Refusals

The American Embassy in Moscow "advertises" a 25% denial rate for Russian citizens applying for visitor visas. In 2002, of the 120,000 Russian nonimmigrant visa applicants, 30,000 received rejections.

What are the reasons for rejection?
The standard reason for a visitor visa rejection is that the applicant has not proven substantial familial, economic, property, and/or social ties to his or her homeland. In making a decision, the consular officer examines an array of factors. Negative factors include:

residing in an "economically–depressed" area (for example, according to the Embassy, Irkutsk is one of them);

being single or divorced;
prolonged prior visits to the United States, even if the stay was within the term granted by the white I–94 card stapled into the passport by an INS inspector;

limited or no travel to Western countries (Eastern European countries, China, Cyprus, and Turkey are not considered; this seems to be a particularly critical factor in making a decision, with the rationale being that if you return to Russia from a civilized Western country, you are more likely to return from the United States. "Come back and apply again after you visit someplace else in Europe.");

limited property ownership;

receiving a minimal salary, even if the salary indicated is only an "official" salary;
absence of dependant children being left behind;

trip's purpose is not compelling ("why can't your American relative visit you?") or "seems fishy" to consular officer;

applying for the wrong type of visa (an F–2 instead of a B–2, for example);

existence of a close family member in the U.S. and how that family member ended up in the United States ("He immigrated, and so will you with his help. Let him apply for a green card for you officially.");

previous rejections (instead of examining the application anew, asking what circumstances have changed since the last rejection);

missing documentation (e.g., bringing a salary reference from employer, but not the tax declaration);

inconsistent information in applications (e.g., Application 1: indicate one purpose, planned length of stay;

Application 2 (one month later): indicate different purpose, different planned length of stay;
during verification process, information presented does not check out (e.g., inviting party moved office and changed telephone; verifying officer goes to wrong address);

presentation of falsified documentation (e.g., bogus invitation, fake marriage certificate, counterfeit airport entry stamps, fake employer reference or Labor Books);

interview–related factors, including having a "suspicious" manner, and giving unconfident or "illogical" answers to questions;

dual–language, notarized, form invitations (these invitations arouse suspicion because they are often bought and sold in Russian–language communities in the U.S.).

It must be remembered that the interview usually lasts from 3–5 minutes, so the officer is extremely limited in how much time he or she may spend in examining documentation or conversing. Because of the existence of fraud, the officer is often skeptical about the authenticity of documents. While the Embassy on its website advises applicants what kind of documents to bring, these documents are just some of the "trees". It is necessary to ensure that the officer sees the "forest", not just the "trees".

How does W&A help?
W&A assists first–time and already–rejected applicants alike in preparing their applications. While most applicants do not need legal assistance, those who have already been denied visas; have complicated situations or meet one or more of the above negative factors; have substantial assets or ties and would like to convey that impression clearly and quickly; or prefer the professional assistance that a lawyer can offer find our services appropriate. We help prepare and gather documentation; we clarify the reasons for previous rejections; we draft a brief cover letter addressing issues touched on in previous interviews which served as the reason for rejection; we summarize the positive factors of the client, helping the officer see the "forest", not just the individual documents; and address any relevant legal issues. An application package can include 5–30 appendices. We have successfully represented a twice–rejected applicant who had been denied because the Embassy erroneously believed that she had spent eight months in the United States visiting her daughter; a four time–rejected student visa applicant, who is the heir to his father's business conglomerate; a twice–rejected businessman applicant, who was unable to visit his wife and daughter in the U.S. after more than five prior short–term visits to the U.S.; and a three–time rejected applicant who was unable to visit her daughter.

Please contact us if you have any questions or would like some professional feedback about your particular situation.
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bei Visa Services
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