In what circumstances you will be declined visa at consulate?

Rejection at CP

Fraud, HIV/TB, Felony, Terrorism, Unlawful presence for longer than a certain duration of time(I believe it is 6months or longer), Inability to support self/public liabilty, Lack of valid permanent job offer(for EB cases) are some of the reasons for rejection. Lack of supporting documentation or a 'security check' may prolong your CP experience.
 
Did they start to run security checks on CP filing as well? I know about them in some H cases but not in CP.
 
Call it what you may...

Security checks/administrative reviews/name checks -they have delayed some candidates' CP and visa issuance.
 
Two more questions

Thank Rajeev for your valuable information. Two more questions.

1. If you don't have fraud, terrorism etc as you have listed, can one assume that the CP should be approved?

2. Will Security checks/administrative reviews/name checks etc be conducted before your consulate interview? So it only delays your appointment, rather than keeps you at consulate?
 
Keep in mind...

That for CP applicants(especially from India) most of the processing will have been completed in the US by INS and NVC. The consular post has to check your documents and make sure you are healthy. Administrative review-especially in Chennai has created a delay for a few candidates after they have attended the interview. So, while nothing is guaranteed in life, CP is not riskier than AOS.;)
 
To Rajeev Kumar

I am filing for my I-140 next week, and have to decide between CP or AOS. My questions are:
1. What can you do if US Embassy in India rejects CP ? Can you use your remaining H1B visa to return to USA ?
2. If they find any documents missing in your paperwork, Do they allow to return the next day with the missing documents ?
 
It's upto the consular officer...

Ofcourse, if you disqualify on account of inadmissibility-ie fraud/terror/health status etc, you won't be allowed back into the US. If it is a question of missing document, they will probably let you back in. I can only speculate.
 
Re: To Rajeev Kumar

Originally posted by consularNDelhi
I am filing for my I-140 next week, and have to decide between CP or AOS. My questions are:
1. What can you do if US Embassy in India rejects CP ? Can you use your remaining H1B visa to return to USA ?

[ If the reason for denial is insufficient documentation, they allow
you to come to US if necessary. But if the denial is for reasons like criminal background, fraud, mis-representation they would
not allow you to use any visas. ]


2. If they find any documents missing in your paperwork, Do they allow to return the next day with the missing documents ?
Click to expand...

[ I believe they do. Not a personal experience though! ]


Raju
 
I am filing for my I-140 next week, and have to decide between CP or AOS. My questions are:
1. What can you do if US Embassy in India rejects CP ? Can you use your remaining H1B visa to return to USA ?

No, you can't..since you have already displayed your intention to immigrate..H1B is a NIV

2. If they find any documents missing in your paperwork, Do they allow to return the next day with the missing documents ?


Yes, since I went through CP personally at Chennai and there were some others who had to return with additional doc
 
A correction to the above post.

H1B is a visa with dual-intent.

If the reasons for denial are innocent like missing documentation,
they would allow you to use the current visa to come back to US.

Raju
 
364 days

For any missing info/docs/wrong specification photographs, there is an upper limit of 364 days to submit the missing stuff.

When you go for the CP interview, there will be a lot of people getting a letter to get the missing stuff/docs. Most of them are family based immigrants.

So don't worry if you get a letter for the missing docs. It doesn't mean immigrant visa denial.

Thanks.
 
You must log in or register to reply here.
Top