If You Request Reconsideration, The: Fill & Download for Free

No. You can reapply or request reconsideration of the application at the discretion of USCIS. But you have no due process right to go to court over the denial. You don’t get to define “wrongfully” in a denial case; they do.

Sounds like very impressive qualifications. If you were to donate one of those self-made millions to Harvard, along with your application, I think you would be a shoo-in.Even without such a donation, your chance of acceptance would be very high. If your application were rejected, you might be able to get it reconsidered if you would paper-clip a one million dollar check to your letter requesting reconsideration.

There is no provision for a “motion to reconsider” of a refused H-4 visa application. Motions to reconsider apply to petitions filed with USCIS and denied by USCIS, but H-4 visas are not subject to a separate USCIS petition. The H-4 applicant simply files Form DS-160 with the Department of State on the basis of the H-1B principal’s preexisting approval, a process in which USCIS is not involved. As this was an application for a non-immigrant visa refused by a consular official, it is not eligible for a motion to reconsider. There is no formal process for requesting reconsideration of the decision of a consular officer to refuse an application for a non-immigrant visa. See 9 FAM 403.10 (U) NIV REFUSALSYou can informally ask the consulate to reconsider the refusal, but the consulate is not required to entertain this request. Or you can file the DS-160 application again, but unless you somehow address the reason for the refusal (which would have been conveyed to you by the consular official, although you likely do not understand what it was), you will simply be refused again.My best guess is that the refusal was because either the documentation you provided to prove a marital relationship was inadequate, or your spouse is inadmissible to the United States for some reason. But that’s just a guess; I don’t know the particulars of your situation. H-4 refusals are fairly uncommon: in FY2019, the BCA issued 125,999 H-4 visas, and refused only 2,376.Obviously, because your spouse’s application for a visa was refused, your spouse cannot and will not be issued a visa on the basis of that application.Update: It occurs to me that what you really meant is that your spouse filed a I-539 petition to change status from whatever he or she was in now to H-4. This is not an application for a visa, but instead a petition to change status. It is subject to being heard by USCIS, and is, in theory, subject to a motion to reconsider if denied.If this is what happened in your spouse’s case—hard to be sure because you were not precise in how you asked the question—then it is theoretically possible, but practically unlikely, that your spouse could, in fact, travel out of the country and then attempt to get an H-4 visa issued through consular processing. However, the consular officer should be able to see that the I-539 petition was denied and the reason for that denial, and will likely refuse the application for a visa for the same reason unless you can convince the consular officer that that prior denial was in error or that the circumstances that warranted that denial do not exist. This will be difficult if you don’t understand the reason for that denial. Even if the consular officer approves the application for a visa, the CBP immigration officer who handles your spouse’s request to be admitted using any visa issued will be able to see that the prior I-539 was denied and the reason for the denial, and will deny admission if the CBP officer concludes that the conditions that justified the prior denial still obtain and still justify denying admission.“Try over and over again until you succeed” is not a good strategy for dealing with US immigration. If you are denied, you really need to make some effort to address the reason for the denial before trying again, or you’ll just be denied again and again.