What you need to know if you are refused a US visa

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United States immigration law requires a consular officer to treat each applicant as a potential immigrant until proven otherwise. To get the right to move freely throughout the United States, you must prove your intention to leave the United States before you receive a guest or student visa. Ustraveldocs. If you do not convince the consular officer that you leave the United States on time, you may be denied a visa under section 214 (b) of the Immigration and US Citizenship Act.

What is an 214 (b) article?

Article 214 (b) is a section of the US Immigration and Citizenship Act. It says:

“Any foreign citizen should be considered a potential immigrant until the consular officer during the examination of the entry request receives sufficient evidence that the applicant is eligible for non-immigration status.”

The US consular officers have a difficult job. In a short time, they must decide whether the applicant can obtain a temporary visa. In most cases, the decision is made after a short interview and familiarization with the evidence provided by the applicant, which confirms the applicant's connection with the country of residence. To obtain a guest or student visa, the applicant must meet the criteria set out in sections 101 (a) (15) (B) and 101 (a) (15) (F) Immigration and Citizenship Act accordingly, who emphasize that a citizen of another country entering the US should be in the United States only temporarily.

If the applicant does not meet these criteria, he will be denied a visa on the basis of Section 214 (b) of the Immigration and US Citizenship Act. Most often, the reason for refusal is the non-compliance with the requirement that a potential guest or student should have a permanent residence in their country, which he / she does not intend to (a) leave. The applicants confirm the existence of such a place of residence, showing the existing contacts with their country, which will force the applicant to leave the United States after the period of stay. Responsibility for proving the foregoing, according to the law, is imposed on the applicant himself.

How can an applicant prove "close ties"?

The concept of “close ties” differs depending on the country, city and identity of the applicant. Examples of relationships include having a job, a home, a family, or a bank account. “Connections” are different aspects of life that connect you to your country of residence: your property, employment, social and family ties.

Try to imagine exactly what connects you with your country. Will the consular officer of another country believe that you have no intention of leaving your place of residence? The answer may be positive if you have a job, family, own or rented accommodation or other circumstances that will force you to return to your country at the end of the trip. The situation of each applicant is individual.

Consular officers of the United States take into account these differences. At the interview they consider each case individually and take into account professional, social, cultural and other factors. In the case of young applicants who have not had the opportunity to acquire significant contacts with their country, the consular officer may pay attention to the intentions and family situation of the applicant, his long-term plans and prospects in the country of permanent residence. Each case is considered individually and comprehensively, in accordance with the law.

Is the failure under 214 (b) permanent?

No. The consular officer will review the visa case and its conclusion if the applicant provides additional evidence of connections outside the United States. Unfortunately, in some cases, applicants will not qualify for a nonimmigrant visa, regardless of the number of reapplications—until their personal, professional, and financial circumstances change significantly.

After refusal on the basis of Article 214 (b), the applicant should carefully examine his situation and realistically assess his relations with his country. The applicant may write down factors that, in his (her) opinion, connect his (her) with the country of residence, and which were not taken into account during the interview with the consular officer. Also in case of refusal, it is necessary to analyze the documents provided to the consular officer. Applicants who are denied a visa under Article 214 (b) may reapply for a visa. At the same time, they will have to demonstrate additional evidence of links with the country of residence or show how their situation has changed since the previous application for a visa. Before re-applying for a visa, we recommend that you answer the following questions. 1. Did I explain my situation correctly during the interview? 2. Did the consular officer miss any facts of my case? 3. Is there any additional information that proves that I have close ties with my place of residence and my country?

Applicants should also remember that with each new application for a visa, they must pay a consular fee for considering an application for a visa, which is not returned, regardless of whether the visa was issued or not.

Who can influence a consular officer to revise his decision?

US immigration law places the responsibility for granting or denying visas to consular officers of foreign diplomatic missions. It is they who make the final decisions on all visa applications. According to the law, the US Department of State has the right to review the decisions of consular officers, but this right is limited to the interpretation of the law and does not apply to establishing facts. An example of the establishment of such a fact can be the determination of whether or not the applicant has a place of residence in his country, which is one of the basic conditions for granting a visa. Thus, the decision to grant visas is solely within the competence of the consular officers of foreign diplomatic missions of the United States. The only way to achieve a review of the refusal of a visa is to submit a new appeal, demonstrating new strong evidence of close ties with the country of residence.

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