In a letter dated May 18, 1998, the American Immigration Lawyers Association (AILA) expressed its concern about the State Department’s proposed rule not to allow immediate reapplication by an alien who was denied a visa under INA § 214(b). The rule would require a six month wait before a denied applicant could reapply for a non-immigrant visa. AILA addressed two primary concerns.
First, they contend that the proposed rule is too inflexible, because individuals could be denied a visa for a variety of reasons. For example, a first-time applicant may not be aware of the level of proof required to obtain a visa, or an applicant may be nervous or unsure of the required procedures. This inflexibility, AILA believes, could discourage applicants from have genuine concerns addressed about reapplication or reconsideration.
Second, AILA asserts that the six-month wait to reapply is too long. They note that often applicants for nonimmigrant visas have plans for their travel to the U.S. that cannot be postponed for six months. AILA suggests that the period be shortened to four months, which is the time period for reconsideration of visas. This would promote consistency in the process and provide less disruption to the applicant’s plans.
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