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. |