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Consular

Ask the Consul

What does it mean when my visa application is denied under 214(b)?

On any day numerous visa applicants hear a consular officer say, "Your visa application is denied. You are not qualified for a visa under Section 214(b)." Here is what a 214(b) visa refusal means.

Section 214(b) is part of the U.S. Immigration and Nationality Act. It states that “[e]very 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”

The most frequent basis for visa refusals under 214(b) is 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 a 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.

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, our consular officers 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 applicant’s specific intentions, family situations, 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.

A denial under section 214(b) does not mean that you are permanently ineligible for a visa to the U.S. You can reapply at a time in the future when you can demonstrate stronger personal, professional and financial ties to your country. Unfortunately, some applicants will not qualify for a nonimmigrant visa, regardless of how many times they reapply.

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