Overview of the H4 Visa and its requirements
H4 Visa Denial: The H4 visa is a non-immigrant visa that permits the spouse and unmarried children under 21 of an H-1B visa holder to reside in the United States. The United States Citizenship and Immigration Services (USCIS) issues this visa to immediate family members of H-1B visa holders. However, to qualify for the H4 visa, the primary applicant must have an approved H1B petition and maintain their legal status in the U.S.
The H4 visa holder can study but not work in the U.S. unless they obtain an Employment Authorization Document (EAD). The validity period of the H4 visa depends on the validity period of the primary applicant’s H1B visa.
General Requirements for obtaining an H4 visa
Eligibility:
The H4 visa applicant must depend on an H1B visa holder living in the United States.
Proof of Relationship:
The H4 visa applicant must provide proof of their relationship with the H1B visa holder, such as a marriage certificate for spouses or a birth certificate for children.
Valid Passport:
The H4 visa applicant must have a valid passport that will remain valid for the duration of their stay in the United States.
Application Form:
The H4 visa applicant must complete and submit Form DS-160, the online non-immigrant visa application form.
Fees:
The H4 visa applicant is responsible for paying the visa application fee, which will vary based on the country of origin and the type of visa for which they are applying.
Interview:
Remove all passive voice – The H4 visa applicant may be required to attend an interview at the U.S. consulate or embassy in their home country.
Unfortunately, not all applications are successful; some may be denied for various reasons. If you have faced an H4 visa denial, read ahead to understand what you should do.
Common Reasons for Denial
There are several reasons why H4 visa applications may be denied. Here are some common reasons for H4 visa denial:
Incomplete or Incorrect Application: One of the most common reasons for H4 visa denial is an incomplete or incorrect application. Any missing or inaccurate information can cause the application to be denied. Therefore, ensuring that all the necessary fields in the application form are accurately filled out is essential.
Criminal Record: If the applicant has a criminal record or has been involved in illegal activities, their H4 visa application will likely be denied.
Failure to Establish Relationship: If the applicant cannot establish a bona fide relationship with the H1B visa holder, the H4 visa application may be denied. The applicant needs to provide enough evidence to prove that they are either married to the H1B visa holder or are their child.
Insufficient Funds: The applicant must demonstrate that they have sufficient funds to support themselves during their stay in the United States. If they cannot show sufficient financial resources, their H4 visa application may be denied.
Previous Visa Violations: If the applicant has violated any immigration laws in the past or has overstayed their previous visa, their H4 visa application may be denied.
Lack of Employment Authorization: H4 visa holders cannot work in the United States without obtaining an Employment Authorization Document (EAD). If the applicant cannot demonstrate a valid reason to work in the United States, their H4 visa application may be denied.
Inconsistencies in the Application: Any inconsistencies in the H4 visa application may lead to the denial of the application. For example, the applicant providing conflicting information in different parts of the application may raise suspicion and lead to a denial.
What to Do If Your H4 Visa is Denied
Appeal the Denial
Suppose your application was denied due to errors or misunderstandings on behalf of the U.S. Citizenship and Immigration Services (USCIS). In that case, you may be eligible to appeal the decision within 30 days of receiving your notice of denial. You can also consider filing a motion to reopen or reconsider if there is new evidence that could change the outcome of your application. It’s important to have a lawyer review your case and provide advice on how best to proceed with a possible appeal or motion.
Seek Professional Help
Suppose you feel overwhelmed by the process and need help understanding what happened with your application. In that case, it’s best to seek professional help from a lawyer who specializes in immigration law to understand why your application was denied and what potential solutions are available for you. A lawyer will be able to guide you through each step so that you can make informed decisions about how best to proceed with your case.
Be Prepared for Your Next Attempt
Applicants who have had their H4 visa applications denied in the past should prepare for their next attempt by gathering any necessary documentation and completing all necessary forms correctly before resubmitting them for consideration. Additionally, having strong evidence that supports one’s eligibility for an H4 visa will strengthen one’s case significantly when reapplying for an H4 visa following a denial.
Conclusion:
Applying for an H4 visa can prove to be a complex and time-consuming process. In the event of an H4 visa denial, it is crucial to be prepared and aware of the necessary steps for future attempts to gain entry into the United States as a dependent of an approved H1B visa holder. Seeking professional legal advice from experienced immigration lawyers is essential for navigating the complex regulations involved in this process and ensuring proper completion of all required forms to avoid issues during subsequent attempts to obtain approval for an H4 visa. With the right guidance and preparation, applicants can achieve positive results upon resubmission of their applications after being initially denied entry into America on an H4 visa.
