Immigrant Visas

Immigrant Visa Refusals

When USCIS approves an immigrant visa petition, it is sent to the consular section. The consular section determines whether the applicant has met all of the necessary requirements and if there is an ineligibility that would prevent the applicant from qualifying for the immigrant visa.

Proof of Relationship

Although the consular section cannot revoke an approved immigrant petition, it can return the petition to USCIS if there is evidence that the applicant does not have a bona fide relationship with the U.S. citizen or legal permanent resident who is submitting the petition on the applicant’s behalf.

Ineligibilities

The Immigration and Nationality Act (INA) prevents the issuance of an immigrant visa to persons who are inadmissible according to the INA. Ineligibilities include previously overstaying a visit to the United States, certain medical conditions, or certain criminal behavior. Some ineligibilities are permanent, others expire after a period of time. In some cases, an applicant may apply to USCIS for a waiver.

For more information about the list of ineligibilities and their descriptions and when a waiver is available, please visit the State Department’s Classes of Aliens Ineligible to Receive Visas page.

For any visa-related question not answered on the consular section’s website, applicants may refer to the A-Z Subject Index or send a message to the following email address: VisasBucharest@state.gov. In most cases, the message will be answered within 3 business days.

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