What to Do If Your US Visa Application is Refused

Receiving a visa denial from the U.S. government can be frustrating—but it’s not always the end of the road. When your application is denied, U.S. Citizenship and Immigration Services (USCIS) or a U.S. consulate has determined that you didn’t meet certain eligibility requirements or failed to submit adequate supporting documentation.

Fortunately, there are several possible next steps depending on the type of visa, the reason for denial, and your specific circumstances.

Your Options After a Visa Denial

1. Submit a New Application (Reapply)

Often the most practical option—especially if your denial was due to missing documents or minor errors.

What to do:

• Carefully review the denial notice or refusal letter
• Understand whether it was a Section 214(b) (nonimmigrant intent) or Section 221(g) (missing documents) denial
• Address all issues raised in your previous application
• Submit a complete, corrected application with properly certified translations if needed

There is no mandatory waiting period for reapplying—unless instructed otherwise in your denial.

2. Request a Motion to Reopen or Reconsider

If your case was denied by USCIS (not a U.S. embassy or consulate), you may be eligible to file one of the following:

• Motion to Reopen – New facts or evidence not previously submitted
• Motion to Reconsider – Argues that the decision was legally incorrect based on the evidence already provided

These must usually be filed within 30 days of the denial.

These motions are legal documents—consult an immigration attorney to determine if this is the right path for you.

3. File an Appeal

In some cases, you can appeal a USCIS decision to the Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA)—depending on the type of petition or benefit.

Common appealable cases include:

• Family- and employment-based petition denials
• Humanitarian rejections (e.g. TPS, asylum, waivers)
• Certain adjustment of status cases

Be aware: appeals can take several months and must be based on errors in law or procedure—not just disagreement with the outcome.

📘 Also Read >> How Immigration Appeals Work in the U.S.

4. File a Lawsuit (Judicial Review in Federal Court)

If you’ve exhausted all administrative options, you may be able to file a lawsuit in federal court. This is known as judicial review and is typically used in serious or urgent cases, such as:

• Unreasonable delays in processing (mandamus actions)
• Wrongful denials where no appeal is available

Judicial review is more complex and expensive than other options—but can be powerful when other routes have failed.

You will need an experienced immigration attorney for this process.

Final Thought

A visa denial is not a dead end. The best course of action depends on why your application was denied and what type of visa or immigration benefit you applied for.

At Dos, we can connect you with top-rated U.S. immigration attorneys who will review your denial letter and help you decide the best next step—whether it’s reapplying, appealing, or going to court.

📘 Also Read >> Top 5 Reasons U.S. Visa Applications Get Denied