|
Patricia was excited. In three days her friend Adam would visit
her in the United States. Suddenly, the
phone rang. Patricia could not believe her ears! Sadly, Adam told
her, "I cannot come...the consul
said I am 214(b)."
On any given day throughout the world some people find themselves
in Adam's situation. They hear the consular officer say, "Your
visa application is refused. You are not qualified under Section
214(b) of the Immigration and Nationality Act." To be refused
a visa when you are not expecting it causes great disappointment
and sometimes embarrassment. Here is what a 214(b) visa refusal
means and what you can do to prepare for a visa reapplication.
What
Is Section 214(b)?
Section
214(b) is part of the Immigration and Nationality Act (INA). It
states:
Every
alien shall be presumed to be an immigrant until he establishes
to the satisfaction of the consular officer, at the time of application
for admission, that he is entitled to a nonimmigrant status...
This
means that before you are approved for a visa, you must prove that
you will return to your country. You must prove that you have no
intention of abandoning your residence there. The law places the
burden of proof on you to prove that you have strong ties in your
country that would compel you to leave the U.S. at the end of your
temporary stay.
What
Constitutes "Strong Ties"?
Strong
ties differ from country to country, city to city, individual to
individual. Some examples of ties can be a family, a job, a house,
a bank account. "Ties" are the various aspects of your
life that bind you to your country of residence: your family and
social relationships, employment, and possessions. Each person's
situation is different.
Consular
officers are aware of this diversity. During the visa interview
they consider professional, social, cultural and other factors.
In cases of younger applicants who may not have had an opportunity
to form many ties, consular officers may look at specific intentions,
family situations, and long-range plans and prospects within the
country of residence.
Is
a Denial under Section 214(b) Permanent?
No.
The consular officer will reconsider a case if you can show further
convincing evidence of ties outside the United States. You should
contact the embassy or consulate to find out about reapplication
procedures. Unfortunately, some people will not qualify for a nonimmigrant
visa, regardless of how many times they reapply, until their personal,
professional, and financial circumstances change.
Can
Friends or Family in the U.S. Help?
They
may provide a letter of invitation or support. However, this cannot
guarantee that you will receive a visa. You must qualify for the
visa according to your own circumstances, not on the basis of an
American sponsor's assurance.
What
Should I Do If I Am Refused a Visa under 214(b)?
First,
carefully review your situation and realistically evaluate your
ties. You may want to write down on paper what qualifying ties you
think you have that may not have been evaluated at the time of your
interview with the consular officer. Also, you should review the
documents that were submitted for the consul to consider. If you
were refused a visa under section 214(b), you may reapply. When
you do, you will have to show further evidence of your ties or how
your circumstances have changed since the time of the original application.
It may help to answer the following questions before reapplying:
(1) Did I explain my situation accurately?
(2) Did the consular officer overlook something?
(3) Is there any additional information I can present to
establish my residence and strong ties abroad?
You
should also be aware that you will be charged a nonrefundable application
fee each time you apply for a visa, regardless of whether a visa
is issued.
Who
Can Influence the Consular Officer to Reverse a Decision?
Immigration
law delegates the responsibility for issuing or refusing a visa
to consular officers overseas. They have the final say on all visa
cases. The U.S. Department of State has authority to review consular
decisions, but this authority is limited to the interpretation of
law, not the determination of facts. The determination of whether
you possess the required residence abroad is a factual one. Therefore,
it falls exclusively within the authority of consular officers to
resolve. You can influence the consular office to change a prior
visa denial only through the presentation of new convincing evidence
of strong ties.
The
phone rang. "Patricia, it's Adam. I went back to the Embassy
for another interview. I showed the consul more information about
my job and family. This time I got my visa!" Patricia was overjoyed.
"Great!" she exclaimed, I'll see you next week!"
The information
provided in this website is not legal advice and should not be interpreted
as legal advice. This website is intended to provide a basic understanding
of this information in summary form. This information may not be
comprehensive, is subject to change, and may not apply to all individual
circumstances. Any information received here should be confirmed
with the appropriate government agencies or with an attorney, particularly
as it relates to your individual circumstances. Your use of this
website indicates your agreement to be bound by our Terms
of Use.
|
