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Visa Denials
Sometimes, people
find themselves denied a US Visa under Section 214(b). Below is info as to the
reasons for denial and how one can re-apply.
First it is important to note that
the US does do internal controls of people in the streets as countries such as
France do. Usually, American police catches hidden illegalities when people have
performed actions that have necessitated police intervention. For instance, you
might be caught passing a red light and asked for papers. If you have been
living illegally in the US, then you would be caught.
This is why entering the United
States tends to be tough (even if no tougher than any other country: the US is
the only country in the world offering Visa lottery and with a quota of
immigrant Visas to accord every year) because it assumes that every person
entering the US is a potential immigrant.
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.
Justifying 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.
During the visa interview
Consular officers will 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.
Denial Under Section 214(b) is
not permanent
A case can be reconsidered by a consular officer if
the applicant can show
further convincing evidence of ties outside the United States. It is therefore
important that any person who has been denied a visa under Section 214(b)
contact the US embassy or consulate in their respective countries to find out about
reapplication procedures. Note that until
personal, professional, and financial circumstances change considerably, it will
not matter how many times you apply. You will be denied again and again. You
must therefore make sure you reapply only when you have solid evidence that can
prove to the Consular officer that you will return to your country after your
visit in the US.
People with relatives or
friends in the US.
Your friends in the US may provide
a letter of invitation or support. However, this will not guarantee you a visa.
Applicants must qualify for the visa based on their own merit, not because of a
sponsor living in the United States.
Lack of residence abroad
If you are denied a visa because
you cannot prove that you have a residence tie in your country of residence,
then it is good to review carefully your situation and evaluate realistically
your ties. You may write
down on paper what qualifying ties you think you have which may not have been
evaluated at the time of your interview with the consular officer. Also, if you have been refused,
you 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?
You should also bear 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.
Under what circumstances can a
consular officer review their 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.
If you are in the US, 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.
Source:
U.S. Department of State
Bureau of Consular Affairs
Publication 10485
June 1997
(Slightly adapted and edited by AFRICAHOME.COM).
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