Foreign travelers who wish to travel to the U.S. must get a travel visa from a Consulate or Embassy located in their country.
Under the Immigration and Nationality Act (INA) Section 214(b) states as follows:
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.
This means that in order to obtain a travel visa, applicants are required to prove that they will return to their country after their visit to the United States. The burden of proof is on YOU, not the consular officer to find evidence. U.S. officials are worried about people using legal travel visas for illegal or even dangerous purposes and as such take this requirement very seriously.
If My Travel Visa Is Denied Due to 214(b), Will I Never Get a Visa?
No. If your visa denial cites 214(b), you still have an opportunity to appeal the decision. You must do your best to provide documentation that proves you are not a security risk and fully intend to return to your country. Bring in further documentation of your ties to your home country. Are there any ties you failed to mention in your original application, that you could report now?
A denial isn’t permanent, and even if your appeal doesn’t work, you can always apply again later on. Sometimes time is the only cure, especially if you are new to your country of residence.
Do I Need an Immigration Attorney?
Most immigration matters are complicated, and while not required, the guidance from an experienced immigration lawyer can make the process go smoothly.