Refusal: 214(b)
Section 214(b) of the United States Immigration and Nationality Act requires that consular officers must assume that every visa applicant intends to leave his or her home country and immigrate to the United States. Therefore, applicants for nonimmigrant visas are presumed to be immigrants until they prove to the satisfaction of the consular officer that they qualify for a nonimmigrant visa.
The consular officer must be convinced that the applicant:
- Has a home outside the United States that he or she will not abandon;
- Is visiting the United States temporarily and will leave when the stated purpose of travel is complete;
- Is able to pay for the trip; and
- Meets the requirements of the visa type for which he or she is applying.
Supporting Documents
Nonimmigrant visas are interview-based. Interviewing officers rely on statements made by the applicant to determine visa eligibility, although they may reference supporting documents such as affidavits of support, travel arrangements, employment letters or financial records to verify statements made by the applicant during the interview.
Why you were refused
As each person's situation is different, there is no single reason which explains all refusals. The most common reason for being refused is that the interviewing consular officer determined that an applicant's social, family, economic and other ties to India were not sufficient to overcome the presumption of immigrant intent.
"Ties" are the various aspects of life that bind an applicant to his or her home country such as family relationships, employment commitments, possessions and other factors.
An applicant may also be refused for failing to demonstrate to the interviewing consular officer's satisfaction that he or she meets the qualifications of the visa category and that his or her planned activities in the U.S. are allowed under that visa category.
Can I reapply?
Section 214(b) denials are not permanent. If an applicant has new information or if his or her overall circumstances change significantly, he or she may wish to reapply. Applicants who provide identical information in a second interview rarely get a different result.
Students
The I-20 does not entitle a student applicant to a visa. This form only states that a student has been accepted to a school in the U.S. Student applicants must demonstrate that they are credible, qualified students and that they intend to leave the U.S. after completing their studies.
Students may be found ineligible for a visa if it appears that their purpose of travel is an indefinite stay in the U.S. for themselves or their family.
Visa Consultants
Some applicants hire "visa consultants" that promise a visa will be issued. While some consultants provide helpful information, many do not.
As part of their “services,” consultants sometimes sell fake financial packages or encourage parents who wish to visit children in the U.S. to lie about the number or location of their other children. Applicants who provide false information during a visa interview may be found permanently ineligible for a visa to the U.S.
It is important to note that the applicant alone is responsible for the accuracy of all information in his or her application. Intentionally submitting false information either on the application itself or during the visa interview can lead to a permanent visa ineligibility. Never submit an application without reviewing it first for accuracy, especially if someone other than the applicant helped fill it out.
Applicants who receive interview coaching by consultants should also be wary of consultant services. The end result is that all clients from a particular consultant sounds exactly like one another. This diminishes credibility among those who memorize responses to interview questions and cannot hold free-flowing conversations with visa officers.