My wife's visa was rejected at an American Consulate. What form do I use to appeal the rejection of the visa?

wenteast

You haven't told us what kind of visa (non-immigrant? immigrant? what category?) nor do you tell us the grounds for refusal. You're essentially ensuring that we cannot answer your question. I don't mean to be harsh, but if you approached the interview preparation process in the same way you approach getting ehlp, I'm not surprised she was refused.
Bear F is wrong -- 1) It's not all odd that she was refused, if she's ineligible, if papers were missing, etc. 2) Attorneys are usually not allowed at immigrant visa interviews, and are NEVER allowed at non-immigrant visa interviews. 3) So-called alleged "harsh" interviews do not "push the boundaries of legaily". He is correct, however in saying "Anyhow a notice of denial should have provided you" saying the grounds of the refusal.

FOA

why is the question.
from where?
if a spouse is rejected it is probably because she has legal problems or some kind of criminal record at home.
Are you really sure this is a good idea?

doctor

you can go to the bar assn. in your town .they have laywers which will work for free

sinfulldreams

I'm in the same situation as you are. My aunt just had an interview this past monday and was denied. The reason she was given was that because last time she came to the United States she stayed for a little less than six months which was over the time she has stated in her interview. I work for the government and know for a fact that the visa they issue you in the country you are is overridden by the visa you receive at the airport upon arrival in the US ( She receiver a 6 month visa at the airport so this should have not been an issue) My aunt is an older person with health problems and I wanted her to come to the US only for two weeks for my wedding which is on October 11th. I sent her a legal invitation along with documents from the church I am getting married in and that obviously has not helped. I contacted an attorney to file an appeal and even he said it himself that the decision of the consul was discriminatory and he will gladly take the time to help us without any fees. So I would advise you to look for an attorney and like someone previously stated go to the barr association.

Bear F

Its odd that she was rejected at interview, you need to do your prep for those interviews and if they are sceptical they will give her the harsh interview, which is why you need an attorney present. A harsh interview really pushes the boundaries of legaily and a lawyer worth his salt can usually pounce on them for it.
Anyhow a notice of denial should have provided you with the proper information on how to appeal and the correct offices, if you get the offices wrong or even have a fee wrong as y you know, the appeal case will be rejected. I would suspect your lawyer wasn't all that good, these filings rarely go wrong unless the case is weak or your lawyer didn't have the appropriate proof organised for your case. If you we're present at the consulate if will help if you refile.

If your petition or application is denied or revoked by the U.S. Citizenship and Immigration Services (USCIS), in most cases you may appeal that decision to a higher authority. The Administrative Appeals Unit ("AAU") has jurisdiction over 40 petitions and applications (see 8 CFR Â¤ 103.1 (f)(3)(iii)). If you receive a denial notice, it will advise you of your right to appeal, the correct appellate jurisdiction (Administrative Appeals Unit or Board of Immigration Appeals), and provide you with the appropriate appeal form and time limit.

There are strict deadlines that must be met to properly file an appeal. The appeal must be filed with the correct fee at the office that made the original decision. You may file a brief (explanation) in support of the appeal. After review, the appellate authority may agree with you and change the original decision, disagree with you and affirm the original decision, or send the matter back to the original office for further action.

In addition to the right to appeal (in which you ask a higher authority to review a denial), you may file a motion to reopen or a motion to reconsider with the office that made the unfavorable decision. By filing these motions, you may ask the office to reexamine or reconsider its decision. A motion to reopen must state the new facts that are to be provided in the reopened proceeding and must be accompanied by affidavits or other documentary evidence. A motion to reconsider must establish that the decision was based on an incorrect application of law or USCIS (formerly INS) policy, and further establish that the decision was incorrect based on the evidence in the file at the time the decision was made. Any motion to reopen or reconsider must be filed with the correct fee within 30 days of the decision.

viva

I applied for a visa to attend a sponsored meeting in 2007 and again in 2009 and was denied without the visa officer going through my application. I feel that this is very unfortunate as i had fulfilled all the requirements for a visa. its been a year and I must be in the United States for a very important meeting some time in the year. any advise?

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