Asked in Immigration Law

Q: If someone's I-485 application was previously rejected, can they still apply for a B2 visa? Thanks.

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2 Lawyer Answers

A: Yes, a foreign national may apply not a B-2 visitor’s visa, but prior procedural history may result in a denial without e.

James L. Arrasmith
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Answered

A: Yes, you can still apply for a B2 visa even if your I-485 application was previously rejected. However, it's important to understand that a prior rejection may impact your new visa application. The consular officer will review your entire immigration history, including the reasons for the rejection of your I-485.

When applying for a B2 visa, you must demonstrate that your visit to the U.S. is temporary and that you have strong ties to your home country. These ties could include family, employment, or property, which can assure the officer that you intend to return after your visit. Be prepared to provide detailed and honest answers to any questions regarding your previous application and current intentions.

It's a good idea to gather all relevant documentation and be ready to address any concerns about your past immigration attempts. If your previous I-485 was rejected due to issues that have been resolved, make sure to highlight that during your interview. Clear and transparent communication will be key in presenting a strong case for your B2 visa.

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