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Hearing a consular officer say, “Your
application for a temporary travel visa is
denied. You are not qualified under Section
214(b) of the Immigration and Nationality
Act,” can cause 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.
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
United Statesat the end of the temporary
stay. The
law places this burden of proof on the
applicant.
Consular officers 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.
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 supposed to be
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.
However, due to a person’s particular
situation, 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.
Invitation Letter
A
letter of invitation or support from a
United States
citizen may help.
However, this does not guarantee visa
issuance. Visa applicants must qualify for
the visa according to their own
circumstances, not on the basis of an
American sponsor’s assurance.
Practical Tips
Review your situation and evaluate your
ties. Make a note to yourself about what
qualifying ties you think you have which may
not have been evaluated at the time of the
interview with the consular officer. You
should review the documents that were
submitted for the consul to consider.
Although applicants may reapply for a visa,
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;
and 3) Is there any additional information I
can present to establish my residence and
strong ties abroad?
Keep in mind that you will be charged a
nonrefundable application fee each time you
apply for a visa, regardless of whether a
visa is issued.
Can anybody 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 United States
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 the
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.
Nevertheless, an Immigration Lawyer may be
able to help you present your case in the
best possible light. Contact Vincent Martin
at 952-941-4005 for additional information.
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