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What Must Happen When a Visa Is Refused
A refusal is delivered in under a minute and most applicants leave the window unsure what just happened. The Foreign Affairs Manual sets out what the officer is required to do — and some of it is worth knowing before you go.
This page explains what the rules are and where they come from. It is not legal advice.
Everything below is from 9 FAM 403.10-3(A)(1) (CT:VISA-2143; 03-26-2025), read on 21 September 2026. What a 214(b) refusal means is a separate question, covered on what a 214(b) refusal means.
You should be told the legal ground, in plain terms
Explanations of why a visa could not be issued need not be lengthy. You should explain the law and the refusal politely and in clear terms, providing a citation of the legal section relied upon. Use of jargon or obscure terms can create confusion, frustration and, often, additional work…
And for the commonest refusal, the manual says what must actually be conveyed:
In a case involving a refusal under INA 214(b) for insufficient ties, it is essential that you tell the applicant that the reason for the refusal is that they have not persuaded you that they will return to their country.
If you left without understanding which provision was applied, that is not how the manual says it should go.
Your documents should come back
You must return to the applicant all documents not pertinent to the refusal or indicative of possible ineligibility.
Letters addressed to the officer or the post are scanned into the case record and then destroyed. Everything else that is not relevant to the refusal is yours and should be handed back.
The officer must not tell you whether to try again
This one surprises people, and it explains an experience many applicants have had:
You must not encourage or discourage the visa applicant to reapply, even if you believe that eventual issuance of a visa is likely or unlikely.
So an officer declining to tell you "try again in six months" is not being unhelpful — they are following the manual. What they should do:
You should make clear to applicants that they may reapply if they believe they genuinely qualify since there is no formal appeal of an NIV refusal.
Efforts to manage reapplication volume "must not unduly restrict applicants' ability to reapply", though posts may warn that first-time applicants can be scheduled ahead of those rebooking.
If you dispute the finding and have new evidence
If the applicant disputes the INA 212(a) or INA 214(b) finding and wishes to offer additional evidence, then you should consider that evidence and offer a follow-up in-person interview.
That is a meaningful provision and it is not widely known. It is not an appeal — there is no appeal — but a documented dispute with genuinely new evidence is something the manual tells officers to engage with.
Written notice, and its exceptions
INA 212(b) generally requires prompt written notice of a refusal under a 212(a) ground. The FAM adds that only the Department may waive that requirement, and that although the statute exempts findings under 212(a)(2) and 212(a)(3) from written notice, the expectation is that notice is still given in those cases unless the Department instructs otherwise or permits a limited legal citation.
Written 214(b) and 221(g) letters, the manual says, "are more than mere formalities; they can be an effective method of conveying information to the applicant."
If you were told yes and then refused
It happens, and there is a procedure:
- If you were told at interview the visa would be approved and the officer later finds you ineligible, they must inform you orally and in writing, and are expected to state the provision relied upon. You do not have to return to the consulate for this.
- If you were told orally about a 221(g) refusal, that oral notice already satisfies the requirement, so you will not be called back in for a further oral refusal — but the written letters should still follow.
On what a 221(g) actually is, see administrative processing and 221(g).
Which ground were you refused under?
The refusal should name a section of the law, and your CEAC status or the slip you were handed will usually carry it. The section number is the most useful thing you have, because the grounds are not variations of one another — they have different tests, different consequences and different remedies.
| What it says | What it is | Where to read |
|---|---|---|
| 214(b) | You did not establish you qualify for the visa class — most often the immigrant presumption. Not permanent, not appealable, cannot be waived | 214(b) refusals |
| 221(g) | Not a final decision. The case is incomplete or in administrative processing | 221(g) and administrative processing |
| 212(a)(6)(C)(i) | Fraud or wilful misrepresentation of a material fact. Permanent, but requires four elements | Misrepresentation |
| 212(a)(6)(C)(ii) | A false claim to U.S. citizenship. No immigrant waiver exists; a nonimmigrant one may | False claim to citizenship |
| 212(a)(2) | Criminal grounds, usually a crime involving moral turpitude — with statutory exceptions | Arrests and convictions |
| 212(a)(9)(A) | A prior removal. Five, ten, twenty years or permanent, depending on how you left | After a removal |
| 212(a)(9)(B) | Unlawful presence, producing the three- and ten-year bars on re-entry | How unlawful presence is counted |
| 212(a)(9)(C) | The "permanent bar": an entry or attempted entry without admission after a year of unlawful presence or a removal | The permanent bar |
| 212(a)(4) | Public charge — and the statute names the consular officer first | Public charge and a visitor visa |
Two things that are often mistaken for refusal grounds and are not:
- 222(g) is not a refusal. It is the rule that makes the visa you entered on void after an overstay, and forces the next application into your country of nationality — see what an overstay does to your visa.
- Revocation is an act taken against a visa already issued, not a decision on an application — see visa revocation and the DUI rule.
If a ground applies to you, the next question is usually whether it can be waived. For nonimmigrant visas that mechanism is INA 212(d)(3)(A), which — contrary to the common belief — requires no qualifying relative and no waiting period. A 214(b) refusal is the one that cannot be waived at all.
And whichever ground it is, the visa class you applied for may itself be the issue: some classifications carry a residence-abroad requirement and some do not, which is covered in dual intent.
Frequently asked questions
Should the officer tell me why I was refused?
Yes — the FAM says to explain the law and the refusal in clear terms and to provide a citation of the legal section relied upon.
Do I get my documents back?
All documents not pertinent to the refusal should be returned to you. Letters addressed to the post are scanned and destroyed.
Why would not the officer tell me whether to reapply?
Because the manual forbids it. Officers must not encourage or discourage reapplication, even where they think the outcome is predictable.
Can I appeal a visa refusal?
There is no formal appeal of a nonimmigrant visa refusal. You may reapply if you believe you genuinely qualify.
I have new evidence. Is there anything I can do?
Where an applicant disputes a 212(a) or 214(b) finding and wishes to offer additional evidence, the FAM says the officer should consider it and offer a follow-up in-person interview.
Must a refusal be given in writing?
Written notice is generally required for 212(a) refusals under INA 212(b), with narrow exceptions only the Department may authorise.
Official sources
- 9 FAM 403.10 — NIV refusals, read 21 September 2026; refusal procedure is at 403.10-3(A)(1)