Can I Apply for a Visa if I Was Refused Before?

Can I Apply for a Visa if I Was Refused Before?


Hi, this is Michael Niren, immigration lawyer
and founder of Visaplace.com. We had a question. “I was refused before for a visa, and now
I want to apply again. Can I?” Well, the answer is yes, of course, you certainly can apply
for a visa after refusal. There’s nothing prohibiting you from doing that. However,
let me rephrase the question to be a little bit more helpful. “Will the prior refusal affect my application
for a new visa?” And the answer to that is it could possibly, definitely affect a new
application. A prior immigration history, we call it. So if you were refused in the
past, and you want to try again and apply for a visa, generally speaking the rule is
this. That you have to provide additional or new information that wasn’t presented with
respect to the original application because if you’re just going to send the same application
in with the same information, you’re probably going to get the same result. So, for example, if you applied for a student
visa or a work visa and you didn’t include all the relevant information and the immigration
officer looked at the application and refused you, there could be an opportunity to reapply
with further information and more detail that would help the officer to make a more informed
decision, and hopefully a positive one. So that’s something that often happens that we
see that someone will, you know, try their best to apply for a visa, but all the information
or the relevant information wasn’t included or wasn’t properly presented and there could
be some confusion or just lack of information that resulted in a refusal. So just because
you received a refusal before doesn’t mean that you can’t apply. Now there could be some other circumstances,
like a prior immigration history regarding an overstay, or some problems you had with
immigration that could affect your visa as well. So there are a lot of circumstances
that have to be taken into account before just reapplying and hoping for the best. Now,
sometimes you apply, you include all the information, you have a good case, but for whatever reason,
your application is still refused. That could be an opportunity to appeal the decision. Now, that’s a different story altogether.
An appeal is a formal procedure which usually involves a lawyer. You should definitely consider
hiring a lawyer for that because it’s a technical thing where you go to court in some cases
and you apply for an appeal to overturn the decision of the officer. Now, appeal processes can take a long time.
They can be somewhat costly and there’s no guarantee that after the application or the
appeal is submitted that you’re going to get a positive decision anyway. But that’s something
that is always an option for someone who may get a refusal. It may be something that can
be done, depending upon the circumstances or it’s just not available, but you know it’s
an option to consider. Appeals always have deadlines, so if you wait too long after a
refusal, and then you decide to appeal you may be out of luck because you waited too
long because there’s always statutory time periods within which you have to file the
appeal. So my advice is that if you did get a refusal,
you still could consider re-applying, depending upon the circumstances. So hopefully this
has given you some helpful information, some hope. If you like the video, click like and
feel free to visit us at www.visaplace.com.

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