NIV Section 214(b) Visa Denials
Liza was excited. In three days her friend
Timothy would come visit her in the United States. Suddenly, the
phone rang. Liza couldn’t 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 Timothy’s 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 which he/she has no intention of abandoning.
Applicants prove the existence of such a residence by demonstrating
that they have ties abroad that would compel them to leave the U.S.
at the end of their temporary stay. The law places the 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. "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 to the United States. Would a consular officer
of a foreign country consider you to have a residence in the United
States 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 NIV 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 U.S. 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
ACQUAINTANCE 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.
May 2006
http://travel.state.gov/visa/frvi/denials
FAQS
about NIV Application Procedures
If I
present a letter of guarantee of return from a person of high
stature, will I get a visa?
A letter, even from a highly
placed person, does not necessarily establish the applicant’s ties
outside of the U.S. U.S. law requires each applicant to qualify for
a visa in his or her own right.
Isn’t it
better not to disclose that I have close relatives living in the
United States, that I have an immigrant visa petition on file, or
that I have previously been denied? What are the consequences if I
conceal or misrepresent information or submit fraudulent documents?
Full disclosure is best. We
understand that many people have relatives in the United States but
intend only a short visit, or have immigrant visa petitions on file
but do not plan to immigrate at this time. It is therefore to the
advantage of the applicant to disclose these facts. When an
interviewing officer uncovers any attempt to conceal or misrepresent
facts, the application will be denied and the applicant may, in
certain cases, be ruled permanently ineligible to enter the U.S.
For further information
refer to
http://philippines.usembassy.gov
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