Visa Denials
Liza was
excited. In three days her friend Timothy would come visit her in the United
States. Suddenly, the phone rang. Liza couldnt believe her ears! Sadly, Timothy
told her, "I cannot come...the consul said I am 214(b)."
On any
given day throughout the world some visa applicants find themselves in Timothys
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 applicants and friends can do to prepare for a visa
reapplication.
WHY IS
THERE A VISA REQUIREMENT?
The United
States is an open society. Unlike many other countries, the United States does
not impose internal controls on most visitors, such as registration with local
authorities. In order to enjoy the privilege of unencumbered travel in the
United States, aliens have a responsibility to prove they are going to return
abroad before a visitor or student visa is issued. Our immigration law requires
consular officers to view every visa applicant as an intending immigrant until
the applicant proves otherwise.
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...
To qualify
for a visitor or student visa, an applicant must meet the requirements of
sections 101(a)(15)(B) or (F) of the INA respectively. Failure to do so will
result in a refusal of a visa under INA 214(b). The most frequent basis for such
a refusal concerns the requirement that the prospective visitor or student
possess a residence abroad he/she has no intention of abandoning. Applicants
prove the existence of such residence by demonstrating that they have ties
abroad that would compel them to leave the U.S. at the end of the temporary
stay. The law places this burden of proof on the applicant.
Our
consular officers have a difficult job. They must decide in a very short time if
someone is qualified to receive a temporary visa. Most cases are decided after a
brief interview and review of whatever evidence of ties an applicant
presents.
WHAT
CONSTITUTES "STRONG TIES"?
Strong ties
differ from country to country, city to city, individual to individual. Some
examples of ties can be a job, a house, a family, a bank account. "Ties" are the
various aspects of your life that bind you to your country of residence: your
possessions, employment, social and family relationships.
As a U.S.
citizen or legal permanent resident, imagine your own ties in the United States.
Would a consular office of a foreign country consider that you have a residence
in the United States that you do not intend to abandon? It is likely that the
answer would be "yes" if you have a job, a family, if you own or rent a house or
apartment, or if you have other commitments that would require you to return to
the United States at the conclusion of a visit abroad. Each person's situation
is different.
Our
consular officers are aware of this diversity. During the visa interview they
look at each application individually and 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 the applicants
specific intentions, family situations, and long-range plans and prospects
within his or her country of residence. Each case is examined individually and
is accorded every consideration under the law.
IS A
DENIAL UNDER SECTION 214(B) PERMANENT?
No. The
consular officer will reconsider a case if an applicant can show further
convincing evidence of ties outside the United States. Your friend, relative or
student should contact the embassy or consulate to find out about reapplication
procedures. Unfortunately, some applicants will not qualify for a nonimmigrant
visa, regardless of how many times they reapply, until their personal,
professional, and financial circumstances change considerably.
HOW CAN
I HELP?
You may
provide a letter of invitation or support. However, this cannot guarantee visa
issuance to a foreign national friend, relative or student. Visa applicants must
qualify for the visa according to their own circumstances, not on the basis of
an American sponsor's assurance.
WHAT CAN
YOU DO IF AN AQUAINTANCE IS REFUSED A VISA UNDER 214(B) FOR LACK OF A RESIDENCE
ABROAD?
First
encourage your relative, friend or student to review carefully their situation
and evaluate realistically their ties. You can suggest that they write down on
paper what qualifying ties they think they have which may not have been
evaluated at the time of their interview with the consular officer. Also, if
they have been refused, they should review what documents were submitted for the
consul to consider. Applicants refused visas under section 214(b) may reapply
for a visa. When they do, they will have to show further evidence of their ties
or how their 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?
Your
acquaintances should also bear in mind that they will be charged a nonrefundable
application fee each time they 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 issuance or refusal of visas to consular
officers overseas. They have the final say on all visa cases. By regulation the
U.S. Department of State has authority to review consular decisions, but this
authority is limited to the interpretation of law, as contrasted to
determinations of facts. The question at issue in such denials, whether an
applicant possesses the required residence abroad, is a factual one. Therefore,
it falls exclusively within the authority of consular officers at our Foreign
Service posts to resolve. An applicant can influence the post to change a prior
visa denial only through the presentation of new convincing evidence of strong
ties.
You may
wish to send this brochure to your relative, friend or student abroad. We hope
that a better understanding of section 214(b) will prepare them for successful
visa interviews.
The
phone rang. "Liza, its Timothy. 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!" Liza was overjoyed. "Great!" she exclaimed, I'll see you
next week!"
U.S.
Department of State Bureau of Consular Affairs Publication 10485 June
1997
Return to Visa Services Page
Inquiries on visa cases in
progress overseas should contact the appropriate U.S. Embassy or Consulate handling
your case.
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