info@kasturilaw.com

Call Us Today

630-392-8101 | 630-392-8101
29 South Webster Street, Suite 370 Naperville,
IL 60540

Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

Few things are more disheartening than having a spouse’s visa denied at a U.S. consulate abroad. After months—or even years—of waiting, a denial can feel like the end of the road. But at Kasturi Law, LLC, we want Illinois families to know: a consular denial is not always final. Depending on the reason, it may be possible to challenge the decision or request that the case be returned to U.S. Citizenship and Immigration Services (USCIS) for further review.

Understanding your legal options after a denial can help you take action quickly and avoid losing valuable time.

Red denied stamp on visa application highlighting consular denial and USCIS reprocessing options for spouses

Why Was the Visa Denied?

First, it’s essential to understand the basis of the denial. The consular officer will issue a written notice, often referencing a section of the Immigration and Nationality Act (INA).

Common reasons for denial include:

  • INA §221(g): Administrative processing or missing documents.
  • INA §212(a): Inadmissibility due to fraud, criminal history, or prior immigration violations.
  • INA §214(b): Lack of evidence that the marriage is genuine (for non-immigrant spouses).

Sometimes, the denial is temporary and can be resolved with more documentation. In others, especially where fraud or inadmissibility is alleged, the denial may trigger a recommendation to revoke the approved petition.

What Does It Mean to Return a Case to USCIS?

If the consulate believes there is a significant issue with the marriage-based visa petition (I-130), it may choose to return the case to USCIS with a request for revocation. This means it is asking USCIS to reconsider the original approval based on new concerns, typically about the legitimacy of the marriage or misrepresentation.

The National Visa Center (NVC) will notify the petitioner, but updates can be slow. Often, families are left in the dark for months unless they have legal representation advocating on their behalf.

Legal Options After a Consular Denial

At Kasturi Law, LLC we help Illinois couples respond strategically to consular denials.

Your options may include:

  • Challenging the Denial with Additional Evidence

If the denial is based on missing or unclear documentation (like photos, joint financial records, or affidavits), we can help you gather and submit more substantial evidence that supports the legitimacy of the relationship.

  • Filing a Legal Brief or Rebuttal

When a case is returned to USCIS, the agency may issue a Notice of Intent to Revoke (NOIR). This gives you a limited time to respond. Our attorneys can prepare a detailed rebuttal with legal arguments and evidence to prevent the revocation of the case.

In some cases, withdrawing the original petition and starting over may be faster or more effective, especially if your circumstances have changed or your first petition had weaknesses.

  • Seeking a Waiver of Inadmissibility

If your spouse was found inadmissible, you may be eligible to file a waiver. These waivers are complex and require demonstrating extreme hardship to a qualifying U.S. citizen or permanent resident spouse.

Don’t Navigate a Visa Denial Alone—We Can Help

A consular denial doesn’t have to mean the end of your immigration journey. At Kasturi Law, LLC, we guide Illinois families through the following steps: gathering additional evidence, responding to a NOIR, or pursuing a waiver. We understand what’s at stake and are here to help bring your family back together.

Contact us today for a consultation to discuss your options and build a strategy for moving forward. We make it easy to meet with our team in the way that suits you best—whether that’s visiting our office, speaking by phone, or connecting over Zoom. You can book your consultation online and choose between a 30-minute or 60-minute appointment based on your needs.