What Can You Do If Failing the U.S. Immigration Interview? Causes and Quick Solutions

The United States is a friendly country towards immigrants. However, the path to moving to the U.S. has never been easy.

Every year, consular officers cause many people’s American dreams to shatter, extending waiting times or preventing them from reuniting with loved ones.

So, unfortunately, what should you do if you fail your U.S. immigration interview? Can you participate in another interview? Learn about the reasons and solutions. Join ImmiPath to learn everything through the following article.

1. What are the Reasons for Failing a U.S. Immigration Interview?

Among the various immigration categories to the U.S., the most common visa refusals and requests for additional documents are seen in spousal and fiancé(e) visa cases.

From our successful consultations with cases where consular officers have denied visas, ImmiPath has identified several reasons for failing a U.S. immigration interview.

If you have the opportunity to attend a second interview, you can address the following issues to quickly obtain your visa and reunite with your loved ones in the U.S.:

• Inconsistent Interview Demeanor: Answering with lack of confidence, exaggerated body language, or inconsistent responses.
• Unconvincing Financial Proof: You need to show more money in your account than the minimum amount specified by the consulate to ensure you can cover living expenses and potential risks while in the U.S.
• Unclear Relationship with the Sponsor: This often occurs in spousal visa cases where the consular officer asks about how the couple met or the details of their relationship. Common issues include not recalling the meeting time, place, or reason, which raises doubts about the authenticity of the relationship.
• Not Divorced from a Previous Spouse but in a New Relationship: This can raise concerns about the legitimacy of your current relationship.
• Short Relationship Duration Before Engagement/Marriage: A very short time together before deciding to marry can raise questions.
• Significant Age Difference in Marriage: A large age gap may cause scrutiny.
• Previous Sponsorship Failure: If the sponsor has failed to successfully sponsor someone else before.
• Inaccurate Information: Providing incorrect or inconsistent information about the other party compared to what was submitted in the application.
• Incomplete or Disorganized Documentation: Missing documents, disorganized paperwork, or providing false or misleading information.

In addition, for spousal visa categories, the following mistakes can also weaken your U.S. immigration case:

• Not knowing details about your spouse’s family, such as the names of their parents, siblings, or their place of residence.
• Not being familiar with each other’s job details, income, employer’s name, working hours, and property ownership.
• Not knowing specifics about your spouse’s place of residence, such as the city, state, local characteristics, or weather.
• Not knowing the names, ages, or occupations of your spouse’s close friends.
• Not being aware of each other’s likes, dislikes, and daily routines.
• Not knowing details about your spouse’s prior marriages or any children from those relationships.
• Language Barrier: If the beneficiary cannot speak English while the sponsor is a native English speaker and cannot speak Vietnamese.

2. How Long After a U.S. Immigration Interview Rejection Can You Reapply?

How long after your failing in U.S. immigration interview can you reapply? There is no specific rule regarding how long you must wait to reapply for a U.S. visa after a rejection, regardless of how many times you have been denied.

Typically, people choose to reapply for a visa 3 to 6 months after the first attempt. However, if you have an urgent matter, you can submit your application 2 to 3 weeks after being denied.

When reapplying, ensure that your U.S. immigration case has been supplemented with the missing documents, and address the shortcomings from your previous interview. The consular officer will likely scrutinize your application more closely during your subsequent attempt, making it more challenging to obtain a visa.

It is important to note that reapplying for a visa too soon after your initial attempt can make the process more difficult, especially if the submission date is too close to the previous one.

3. Tips for Passing Your U.S. Immigration Interview on the Second Attempt

Many people seek advice from ImmiPath after failing their U.S. immigration interview, unsure of how to obtain a visa or whether they have a chance for a second interview. The answer is yes, provided that the applicant’s circumstances have not changed significantly.

The most crucial factor for your second U.S. immigration visa interview is to address the mistakes from your first interview to improve and increase your chances of success.

Carefully consider why you were denied a visa the first time, and use that information to strengthen your application for the next attempt. Remember, the U.S. visa application fee is non-refundable, even if your visa is denied.

Based on our experience assisting applicants who successfully passed their U.S. immigration visa interviews, ImmiPath offers you some tips to help you convince the consulate to issue your visa quickly and easily:

3.1. Submit the Correct Forms for Your Specific Category

When applying for U.S. immigration, you must fill out the appropriate forms for your specific category to avoid having your documents returned. For example, for employment-based or family-based green cards, you must match the exact category of eligibility. For instance:

• If you have a relative who is a U.S. citizen or green card holder, they can file a petition for a parent, child, sibling, or spouse.
• If you receive a job offer from a U.S. employer who is willing to sponsor you, you can apply for a U.S. immigration visa under the EB-3 category.
• If you meet the requirements and have the funds to invest in the U.S. economy, you can apply for a U.S. immigration visa under the EB-5 category.

To avoid unnecessary mistakes, you need to know exactly which path to a green card suits you and only begin the application process if you are 100% certain.

Starting the application process without meeting the requirements can be costly, as the U.S. government does not refund any fees once they are paid.

3.2. Ensure Accurate Photo Size and Format

A passport photo is a crucial component of your U.S. immigration application. Depending on the application process and stage, your photo must meet specific requirements regarding size, attire, and hairstyle.

3.3. Provide Extensive Evidence to Prove Your Relationship Is Genuine

One of the most common reasons for failing a U.S. immigration interview on the first attempt is a lack of convincing evidence, particularly for couples applying for fiancé(e) or spousal visas.

Applicants and their sponsors are usually required to submit numerous documents to prove their eligibility for an immigration visa during the application process. Failure to provide sufficient documentation increases the risk of your visa and green card application being denied.

U.S. Immigration Authorities are strict in this area due to concerns about fraudulent marriages – marriages entered into solely for obtaining a green card rather than out of genuine love.

To ensure a smooth second interview, carefully review the list of required documents and adhere to all specifications and consulate regulations.

When applying for a marriage-based green card, you and your spouse should review your shared history to avoid inadvertently providing conflicting or inaccurate answers that differ from the information provided in your application.

Additionally, providing photos of trips together, evidence of dates, FaceTime conversations, pictures with both families and proof of gifts or money sent between spouses will strengthen your case and convince the consulate that your marriage is genuine and based on love.

3.4. Avoid Changing Jobs Without Proper Procedures

For those immigrating to the U.S. under the EB-3 employment-based category, if your employer is sponsoring you during the green card process, this ties you to your specific job title and company.

This is because the Labor Certification, issued by the U.S. Department of Labor, is specific to a particular job with a designated employer at a fixed location.

If you change jobs during the application process without taking the necessary steps – such as getting a promotion, transferring to another location, or applying for a job at a different company.

In that case, the United States Citizenship and Immigration Services (USCIS) may deny your U.S. immigration interview and halt your green card process.

Before changing companies, ensure that your new employer sponsors you and applies for a new Labor Certification.

If you are simply moving to a new position within the same company, a new immigration petition (Form I-140, Immigrant Petition for Alien Worker) may suffice, but your employer must file that form on your behalf.

The entire client’s family obtained green cards through the U.S. EB-3 immigration program at ImmiPath.

3.5. Ensure All Fees Are Paid

You will be required to pay processing and immigration fees before your application is reviewed and before you attend your U.S. immigration visa interview.

The fee amount depends on the type of application and the current processing stage. Failure to pay the full amount or delays in payment can result in your green card application being denied.

When paying the fees for your U.S. immigration application, be sure to follow the specified payment methods and submit the fees on time using your “Case Number,” form number (e.g., I-130), and “Invoice Identification Number” (if applicable). Do not abbreviate the names of government agencies when making payments (e.g., writing “DHS” instead of “Department of Homeland Security”).

3.6. Pay Attention to the Sponsor’s important Role

To open a sponsorship-based U.S. immigration case, you depend on a sponsor to file the immigration petition and sometimes to provide an affidavit of support on your behalf.

Depending on the situation, this sponsor may be your spouse, parent, or employer in the U.S., and they play a significant role from the time the case is opened until the interview and green card issuance. The sponsor should avoid the following mistakes to ensure a successful U.S. immigration interview:

• Answering consistently with what was stated on the immigration forms
• Failing to provide important statements or documents
• Misunderstanding the applications and instructions
• Forgetting to sign the forms
• Incorrect, late, or missing fee payments
• Insufficient financial resources of the sponsor, which can also be a reason for denial

Additionally, the sponsor and the applicant should maintain close communication from the time the case is opened until the green card interview and work together on all the necessary forms.

In complex situations where you are unsure how to provide convincing evidence to the consulate for a marriage-based visa, you can seek assistance from an immigration center like ImmiPath, which can be very helpful.

3.37. Mistakes by U.S. Citizenship and Immigration Services (USCIS)

Sometimes, even the U.S. immigration authorities make mistakes. For example, filing fees might get lost, documents might be sent to the wrong address, or there could be errors in your name, email address, or date of birth.

Such issues can lead to incorrect conclusions, omissions, and, in the worst-case scenario, your green card application being denied. If you believe your green card was denied due to an error by USCIS, you have the right to appeal the decision.

To appeal a green card denial in the U.S., you need to file Form I-290B.

For those applying from outside the U.S., the first step to have your green card application reconsidered is to file Form I-601 or visit the designated Embassy, which will obtain a second opinion from the U.S. Department of State.

Even during an appeal against an incorrect USCIS decision, some sources of errors may persist, and additional fees might arise. Therefore, it is advisable to consult with an immigration expert with 20 years of experience – ImmiPath.

3.8. Answer the Interview Honestly and Accurately

After being rejected for a U.S. visa the first time, you should analyze the questions asked by the consular officer and your responses to identify where your answers may have fallen short. Additionally, you need to thoroughly review your entire visa application for the second interview to ensure all information is consistent.

Although the interview may last only a few minutes, it’s crucial to prepare mentally. Stay calm, keep a relaxed demeanor, and speak confidently to ensure the best possible outcome.

For a successful U.S. immigrant visa interview, both you and your sponsor should provide accurate and consistent information.

 

3.9. Prepare All Documents and Organize Them Clearly

Ensuring that you have all required documents and organizing your visa interview file in the correct order will save time and effort for both you and the document reviewer.

Clear and careful categorization of documents will help consular officers easily find and verify the required information. On the other hand, a well-organized file will also prevent you from having to search through documents for an extended period when requested by the officer.

Moreover, a neat, arranged, and orderly file shows that you are careful, disciplined, and thoughtful, which will easily make a good impression on the consulate. This presentation helps in building a confident demeanor and increases your chances of successfully passing the interview.

 

4. How Can You Get a Visa if You Fail the U.S. Immigration Interview?

As outlined by ImmiPath, to increase your chances of success in a second U.S. immigration interview, you need to address the reasons for your initial U.S. immigration interview failure and follow the guidelines provided to secure a visa. This will help you reunite with your loved ones and start your new life in the United States.

The required documents and procedures vary depending on the type of visa. Therefore, to ensure all paperwork is completed correctly, all fees are paid, and you have a successful interview with the consular officer, it is advisable to seek assistance from a reputable immigration consultancy service like ImmiPath.

If you have any questions related to U.S. immigration, feel free to comment below, and ImmiPath’s team of experienced consultants will assist you with the expertise and dedication, helping you and your family reunite in the U.S. as soon as possible.