The alien must demonstrate that the activities s/he plans to engage in while in the United states are consistent with the activities allowed by the type of visa for which he is applying.

Unlike the authority given to USCIS officers regarding adjustment of status applications, consular officers do not have the authority of discretion. A consular officer must issue an immigrant visa to an applicant who is otherwise eligible. A consular officer can not refuse to issue an immigrant visa on the basis of discretion. If the person is found to be ineligible for an immigration visa, the denial must be based on hard factual evidence. Consular officer must specify the specific reason to the applicant and give an opportunity to refute it.

Following are several possible reasons:

Missing Documents/Public Charge
If the immigrant visa is denied because of missing documents (under section 221(g)), you can get that document and go back to the consulate again. If you were refused under section 212(a)(4) because the consulate determined that you would be a public charge in the United States, you can reappear again with new evidence. This is really not a rejection. e.g., in US consulate in Mumbai, you may return with new information and request reconsideration on any business day at 7:45 AM, except for the second and last Friday of the month and holidays.

Incomplete I-864, Affidavit of Support
The most common reason for which immigrant visas are refused is because of the applicant's failure to provide a valid, correct, and complete I864 Affidavit of Support that demonstrates that the applicant will not become a public charge in the United States. This complex form, which is now required in the vast majority of immigrant visa cases, is a legally binding contract from the original petitioner giving the petitioner's promise to support the immigrant(s) economically for a certain period of time. The regulations governing the use of these forms are very specific, and consular officers now have extremely limited discretion when evaluating these affidavits. It is strongly encouraged that all petitioners seek professional assistance, e.g., a lawyer, an immigration expert, or an accountant experienced with the use of this form, to assist in completing it. The form must be sent directly to the applicant. Sending the I-864 directly to the Consulate may result in delays.

Medical Examination
The second most common reason for the refusal of an immigrant visa case is the applicant's failure to complete the medical examination prior to the immigrant visa interview.

If a person has one of the specified illnesses, and the are no longer contagious, there should be no problem. The visa officer will want to see proof that the applicant will continue receiving treatment, but this is a problem that can be solved. If the person has an illness that makes it likely that they will be unable to work in the future, then the officer will probably want an affidavit of support from a relative.

Fraud/Misrepresentation
Unfortunately, every month the consulate's Anti-Fraud Unit also identifies a number of cases where otherwise qualified immigrant visa applicants make themselves ineligible for a visa because they misrepresent material facts about their cases or attempt to smuggle unqualified immigrants as part of their families. Anyone who misrepresents a material fact in his own case or attempts to smuggle an unqualified applicant may be permanently barred from entering the United States on any sort of visa, immigrant or nonimmigrant.

Revocation
If petition is approved by the USCIS, but the consulate detect something that indicates the case should not been approved, consulate returns a case to NVC for tracking purposes. Case stays at the NVC for a few days and NVC then returns it to the USCIS, which processes the revocation.


If it is denied under the grounds of exclusion such as fraud, criminal convictions, alien smuggling, prior stay in the United States in unlawful status of more than 180 days followed by a departure, dangerous contagious illness that presents a threat to public health, illness like AIDS that makes it likely that they may become a public change in the future, terrorist, drug trafficker etc, you won't be allowed to enter US again. That would also happen in the adjustment of status, if you were already in the US and applied from US. It is just that as Adjustment of Status(AOS) takes longer time, you can stay in US for longer time until you are removed from US because of AOS denial.

If they refused your visa for more serious reasons, e.g., you were deported from the United States, they caught you trying to smuggle an unqualified person, they caught you making a material misrepresentation about your case, or because of any arrests or suspected criminal activity, then it is likely that your case will require a waiver from Department of Homeland Security. You or your relatives should contact the nearest Department of Homeland Security office for more information about obtaining a waiver.

Whatever reason that gets your immigrant visa denied (other than incomplete documents) will almost certainly be a ground for denial of any other non-immigrant visas.

The fact that you have applied for an IV is undoubtedly the ultimate form of "immigration intent". Therefore the consulate can reject your non-immigration visa application based on this fact.

NVC has no authority to review the granting or refusal of any immigrant visa case for the applicants that went for their interview at the US embassy/consulate. If you want to have more information about the processing of an immigrant visa case that has already been sent to a U.S. consular section abroad or to request a review of a visa refusal, please contact the U.S. consular office where the visa case was processed.