At Murthy Immigration Services Pvt. Ltd (MISPL), we often get inquiries about how soon a person with a prior visa refusal can qualify to reapply for a visa, in either the same or a different visa category. In general, applicants refused under Sec. 214(b) of the Immigration and Nationality Act (INA) can reapply for a visa almost immediately. If the visa refusal is under a different provision of the INA, then, one must review the refusal prior to a reapplication.

We bring to the notice of our readers that when a visa application is refused at any of the U.S. consular posts, the visa fee in respect to a reapplication cannot be paid until 11.59 PM IST on the same day of the visa interview. Applicants can proceed to pay the visa fee and create a new visa application after 12.00 PM IST i.e. the following day after the visa interview. If the refusal was under INA 221(g), then one may have to wait until a final decision is made prior to paying the visa application fee again.

If the visa application is made in the same category as the prior refusal, it is important to present a change in circumstances or additional information that was not available during the prior visa interview. It is recommended that applicants consult with an experienced immigration attorney prior to submitting a re-application in the same category to maximize the chances of a successful outcome.