Department of State (DOS) Visa Refusals: Common Reasons and What They Mean
People often use the word “denial” to describe any negative outcome in the U.S. immigration process, but not all decisions come from the same place. Most applications for immigration benefits filed inside the United States are reviewed by USCIS. Visa applications filed at U.S. embassies and consulates abroad are reviewed by the Department of State. Each agency follows different rules, uses different legal standards, and relies on different parts of the Immigration and Nationality Act.
This guide focuses on visa refusals issued by the Department of State. A refusal from the Department of State is not the same as a USCIS denial. USCIS evaluates eligibility through detailed records and written evidence, while the Department of State evaluates whether a person qualifies for a visa category under standards that apply only to consular processing. A refusal happens when the officer cannot confirm that the requirements in the law have been met. These requirements can be strict, and applicants do not always realize which parts of their situation matter most.
Understanding the most common refusal categories helps applicants prepare with a clearer view of how visa decisions are made. It explains why some outcomes happen even when the applicant has taken care to follow the instructions and present accurate information. Knowing how the Department of State applies the law provides a more grounded starting point before moving forward with a visa request.
INA 214(b): Failure to qualify for a non-immigrant visa
A visa refusal under Immigration and Nationality Act (INA) section 214(b) occurs when the Department of State cannot confirm that an applicant qualifies for the non-immigrant visa category they requested. The law states that every applicant for a non-immigrant visa is presumed to be an intending immigrant unless they can show they qualify for the temporary classification they are seeking. The officer must apply this presumption during the review.
For many visa categories, the officer must confirm that the applicant has a residence abroad or circumstances that show they plan to return after their visit. The Foreign Affairs Manual explains that an applicant must demonstrate strong and reliable ties outside the United States. These ties can be financial, professional, family-based, or any other factor that shows the applicant intends to depart after their trip.
INA 221(g): Incomplete information or supporting documentation
A visa may be refused under Immigration and Nationality Act (INA) section 221(g) when the Department of State does not have all the information needed to finish the review. This refusal means the case is incomplete under the law at the time of the decision. The officer cannot issue the visa until the missing information is provided or until additional checks are finished.
A 221(g) refusal can occur for different reasons. The Foreign Affairs Manual explains that a case may be refused when required documents are missing, when the information is not sufficient to confirm eligibility, or when the case requires further administrative processing. Administrative processing refers to additional steps that must be completed by the government before a final decision can be made.
INA 212(a): Inadmissibility grounds
A visa may be refused under Immigration and Nationality Act (INA) section 212(a) when an applicant is found inadmissible under one of the grounds listed in the law. These grounds apply to both immigrant and non-immigrant visas and must be reviewed by the Department of State during consular processing. If a ground applies and no waiver is available or granted, the officer must refuse the visa.
INA 212(a) includes several categories that cover different parts of an applicant’s background. These include health-related grounds, certain criminal activity, security-related concerns, past immigration violations, unlawful presence, public charge for immigrant visas, and findings of fraud or misrepresentation. The Foreign Affairs Manual groups these ineligibilities and instructs officers to review the facts of each case and apply the relevant section when the statutory criteria are met.
Some inadmissibility grounds relate to specific events, such as a prior removal or a criminal conviction. Others come from required findings, such as the results of the medical exam or information available through government systems. A refusal under 212(a) does not always end the process. The Department of State explains that certain ineligibilities have waivers available under separate parts of the law. Whether a waiver can be considered depends on the visa category and the specific inadmissibility involved.
INA 212(a)(6)(C)(i): Fraud or willful misrepresentation
A visa may be refused under Immigration and Nationality Act (INA) section 212(a)(6)(C)(i) when an applicant seeks to obtain a visa by providing false information or by withholding material facts. The Department of State must apply this ground when the evidence shows that the applicant knowingly misrepresented information that is important to the visa decision.
The Foreign Affairs Manual explains that a misrepresentation must be both willful and material to the visa decision. A statement is material when it has a clear effect on eligibility under the law. Examples can include false information about identity, previous immigration history, family relationships, or the purpose of travel. The officer must have a factual basis for the finding and must determine that the applicant intended to present information that was untrue or incomplete.
Failure to qualify for the specific visa category
A visa may be refused when the Department of State cannot confirm that an applicant meets the requirements for the specific visa classification they requested. Each visa category has criteria defined by the Immigration and Nationality Act and the Foreign Affairs Manual. The officer must verify that the applicant fits the definition in the law before issuing the visa.
The requirements vary by category. For example, a student visa applicant must show they intend to pursue a full course of study in the United States under INA 101(a)(15)(F). A temporary worker must show they meet the conditions of the specific employment-based classification under INA 101(a)(15)(H). Family-based immigrant visa applicants must show that the qualifying relationship exists under the statutory definition. The Foreign Affairs Manual instructs officers to confirm these requirements using the standards set out for each category.
Sources:
- Department of State. https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-denials.html
- Department of State. https://fam.state.gov/fam/09FAM/09FAM040101.html
- Department of State. https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/administrative-processing-information.html
- Department of State. https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/waivers.html
- Department of State. https://fam.state.gov/fam/09FAM/09FAM030104.html
- Department of State. https://fam.state.gov/FAM/09FAM/09FAM030209.html