What Happens After Someone Fails Their Interview at the Consulate?

failed immigration interview

When it comes to failing an interview at the consulate most commonly it is based on a spouse or fiancé petition. When the consulate officer denies the petition the officer will give the family member a document listing the reason for the denial. Most commonly in this situation the document will state:

The Consulate General is unable to issue a visa to you because you have been found ineligible under the following section(s) of the U.S. Immigration and Nationality Act as amended:

Section 221(g) of the Act prohibits the issuance of a visa to anyone who has failed to present the documents required in connection with the visa application, or who has filed to submit sufficient credible evidence to support the claimed petitionable relationship.

There are always some specific problems with each case that the consulate will include in the letter. Whatever the specific problems is it has the same meaning, the consulate does not believe the parties have entered into a legitimate relationship.

Reasons for the Denial

The most common reason the Consulate comes to this conclusion is the parties filing the paperwork did not provide enough information. A poorly prepared petition will almost always end this way. Having the application approved at the time of the first interview will save more than a year of your time and money.

The document you receive from the consulate officer will also include a statement to the effect that you must:

Provide additional evidence sufficient to overcome your visa denial under section 221(g) of the immigration and nationality act within one year of the date of the date of your interview.

Failure to provide the requested evidence, in other words evidence that will change the mind of the consulate that the relationship is legitimate will result in the application being canceled.

What Should I Do if My Application Has Been Cancelled?

If you find yourself in this position you must be ready for a long wait if you are fortunate to get a second interview. The consulate in Vietnam, for example, conducts approximately 30,000 interviews each year. If you fail your first interview you are asking to get back in this line for a second chance.

If you fail the second interview at this point you can expect the file to be sent back to USCIS where the request is you will receive a final notice that the application has been cancelled. If you are unfamiliar with how to track your case with the USCIS you could wait an even longer period of time to get the denial.

So, what happens when someone fails their interview at the consulate? The short answer is a case that should take approximately ten months to complete can go into years before a decision is made.

The good news is that denials on the first interview can and in many cases are won and the relative received an approval at the second interview if the additional information requested is packaged properly.

The best situation is still to have a qualified Immigration Attorney properly package the case in the beginning to best eliminate a denial based upon an insufficient filing.