If you are seeking a fiance visa for entry into the United States, you may have encountered obstacles along the way. In addition to tighter immigration laws, the United States is now facing the fallout of a global pandemic. These factors can make navigating the visa application process stressful and confusing. For potential citizens, the lengthy process can put their entire lives on hold for long periods of time.
You’ve built a relationship and you deserve to be with your loved one in your new home. We can help. Below is a list of common factors to help you understand what gets fiancé visas denied.
Health factors are considered during the visa review process. If you have any health concerns, they could be a reason why your fiancé visa was denied. The United States enforces this policy to protect against the spread of disease inside the country.
Visas will be denied to anyone who has a transmissible disease that is of high risk to public health. In addition, you will not be approved for a fiancé visa if you fail to present proof of vaccinations for preventable diseases. Vaccination requirements include the following diseases:
- Tetanus and diphtheria toxoids
- Influenza type B
- Hepatitis B
Aside from transmissible disease, applicants may be denied visas for reasons relating to mental health. If applicants are diagnosed with a mental disorder and behave in a manner that presents a threat to the public, they will be denied a visa. On occasion, even healthy applicants can be denied if they have a history of harmful behavior from mental health disorders.
Criminal activity is closely examined during the visa application process. If you have a criminal record outside the United States, it will affect your ability to acquire a visa.
The following criteria is grounds for visa denial based on criminal activity.
- Applicants convicted of an offense relating to a controlled substance — This includes anyone charged with illegally trafficking drugs such as heroin, cocaine, or marijuana. It also includes involvement in the unauthorized distribution of pharmaceutical drugs such as pain killers.
- Applicants charged with two or more crimes and as result, sentenced to be confined for 5 or more years
- Applicants charged with money laundering or sufficiently suspected to have committed money laundering crimes
- Applicants who have engaged in prostitution within 10 years of the date of their visa application
- Applicants charged with violations of religious freedom
In certain cases, applicants with a criminal history who were under the age of 18 when they committed a crime can receive an exception.
The United States of America takes national security very seriously and the visa policy has zero tolerance for threats to national security. Your visa may be denied if any U.S. government authority suspects you will break the law, whether intentionally or unintentionally, or pose a threat to public safety.
Likelihood to Depend on Social Programs
The United States has social programs in place to help people in need of assistance. These programs can vary from health care coverage to financial aid. The government pays for these programs through taxes.
During the visa review process, government officials review each application to determine if the applicant will become a public charge. This means they will decide whether an applicant is likely to heavily rely on social programs.
Factors used to determine your likelihood of becoming a public charge include:
- Family status
- Financial assets
- Professional skills
Employment Will Adversely Affect Other Workers
Your fiancé visa may be denied if a reviewer determines that your professional skill set will hurt others in your field of work. While it seems dramatic to suggest a single person could upset an entire workforce, this policy is in place to protect against larger trends. If there is too much talent transitioning into a single industry, the job market could suffer. However, with a strong case, you can prove that your skill set will enable your peers and provide greater opportunities in your professional community.
Previously Removed due to Unlawful Stay
Any applicant who was previously removed from the United States for an unlawful stay may have their fiancée visa denied.
If you were previously removed from the United States, you may still be able to acquire a fiancé visa. Applicants who cooperated with authorities, such as attending a removal proceeding, may be forgiven and granted a fiancé visa. But the process can be challenging for potential citizens without legal advice.
Get Help Navigating Visa Process
If you need assistance navigating the visa process, contact the legal team at Johnson & Masumi today to schedule a consultation. Our legal experts specialize in visa applications. We can guide through the entire process to ensure that your visa will be approved and you will be able to join your loved one in America.