Visa Denials and Ineligibilities
If an immigrant or non-immigrant visa application is denied, consular officers inform applicants in writing of the basis of the refusal. Please see below for information on refusals of both non-immigrant and immigrant visas.
Denials of Non-Immigrant Visas
Every visa adjudication is made on the basis of the information provided by the applicant on the application. The interview serves to clarify whatever questions the officer may have. The documents submitted rarely have an impact on the decision, since the decision is based on the totality of the applicant's situation, rather than a checklist of items. If the officer hands you a letter asking that you return to the Embassy with a particular piece of information (for example, a birth certificate or old passport), your visa application has not been refused but merely suspended under INA Section 221(g). Applicants must return to the Embassy, with the information required, at the hours marked on the letter. If the letter says that the case is pending administrative processing, that means that the case is still being worked on and the Embassy will call when the visa is ready. Many refusals are based on an applicant's past illegal activity, including criminal convictions, involvement in drug trafficking, and prior deportations from the United States; for a list of these ineligibilities, please see http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html.The most common basis for refusal of a non-immigrant visa application is Section 214(b) of the Immigration and Nationality Act. Under this law, before the consular officer can issue a visitor or student visa, the applicant must prove that he or she will return to a residence abroad after completion of an authorized stay in the United States. Our immigration law requires consular officers to view every visa applicant as an intending immigrant until the applicant proves otherwise. Applicants overcome Section 214(b) by showing that their overall circumstances, including social, family, economic and other ties to Peru, will compel them to leave the United States at the end of an authorized stay. These "ties" can include family relationships, employment and possessions. Because each applicant's situation is different, there is no single factor that demonstrates compelling ties to Peru. Every case is examined individually and is accorded every consideration under the law. While every adjudication is reviewed by a supervisor, there is no appeal process for visa refusals. A denial under Section 214(b) is not, however, permanent. Visa seekers may reapply for a visa at any time, and the interviewing officer will consider again if an applicant can show convincing evidence of ties outside the United States. Unfortunately, some applicants will not qualify for a nonimmigrant visa, regardless of how many times they reapply, until their personal, professional, and financial circumstances change considerably. For American family members or friends hoping to "sponsor" a visitor visa application, please see http://travel.state.gov/visa/frvi/denials/denials_1361.html for more information.
Denials of Immigrant Visas
Many refusals are based on an applicant's past illegal activity, including criminal convictions, involvement in drug trafficking, and prior deportations from the United States; for a list of these ineligibilities, please see http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html. Pink Sheet: If on the day of your interview you received a pink refusal sheet, you will be required to return to the Embassy for a follow-up appointment. Please collect all documents detailed on the sheet and then schedule an appointment. You will need to purchase a US$7 PIN from any branch of Banco Continental or from CSC directly by credit card; using this PIN, call 705-3007 to schedule an appointment. Please make sure to schedule only for a time your spouse or children can attend if their presence is required as noted on the pink sheet. Yellow Sheet: If on the day of your interview you received a yellow refusal sheet, your case is missing one or more required documents. Please collect all documents detailed on the sheet and bring them to one of the DHL offices listed below with your passport for delivery to the Embassy. If you present all the requested documents and the consular officer does not have any further questions regarding the documents submitted, your passport will be returned by DHL with your visa. If the consular officer has further questions you will receive a new yellow sheet explaining what additional documents are missing and required.
DHL Offices for Document Return:
Lima: Calle Los Castaños 225, San Isidro, Lima 27
Arequipa: Santa Catalina 115, Cercado de Arequipa
Cuzco: Av. El Sol 627, Cuzco
Trujillo: Almagro 579, Trujillo
Piura: Jr. Ica 354, Piura
Chiclayo: Manuel Izaga 745, Chiclayo
