Foreign nationals who want to enter the U.S. must obtain a travel visa from a U.S. Consulate or Embassy located in their home country. Many people seeking only to travel to the U.S. and not to immigrate usually apply for a non-immigrant visa.
When applying for a travel visa, a person has the burden of proving every requirement necessary to obtain the visa. If the person cannot prove every requirement, the consular officer will probably deny the person’s application. So a person should make their application as strong as possible. If a person is not sure how to achieve this, they may want to consult an immigration lawyer.
Most visa applications are approved. However, U.S. law establishes standards under which a visa application may be denied. Some of the reasons for which an application may be denied are as follows:
- The consular officer does not have all of the information needed to determine if the applicant is eligible for the visa;
- The applicant does not qualify for the visa category for which they applied
- The information reviewed shows that the applicant is inadmissible or ineligible for the visa per the law
- An applicant’s past or current actions, such as drug or other criminal activities, may make the applicant ineligible for a visa.
If a visa is denied, in most cases, the consular officer notifies the applicant of the applicable law that resulted in the denial. Visa applicants are also advised by the consular officer if they may apply for a waiver of their ineligibility. A waiver of grounds for ineligibility would be necessary if a person has criminal convictions in their record or overstayed a visa in the U.S. on a prior visit.
Several of the most common reasons for visa ineligibility are as follows:
- The person did not finish filling out the visa application or provide all required supporting documentation
- The person failed to establish eligibility for the visa category for which they applied
- The person did not overcome the presumption of intending to immigrate
- The person has a conviction for a crime involving moral turpitude, such as rape, robbery, or fraud
- The person was convicted of a drug violation
- The person has two or more criminal convictions for which the total sentence of confinement was five years or more
- The person did not provide an adequate affidavit of support as required
- The person misrepresented a material fact or committed fraud in their effort to obtain a visa
- The person had traveled to the U.S. before and overstayed their visa
How Do I Prove I Have Strong Ties to My Home Country?
Proving strong ties means producing evidence of facts that show a person’s ties to their home country. Some facts that are helpful are as follows:
- Having a job in the person’s home country
- Enrollment in a school or university in the person’s home country
- Owning or renting a home in the person’s home country
- Having a number of social connections, such as friends and family members, in the person’s home country
When considering a person’s application for a travel visa, a consular officer must decide whether or not the person has a strong commitment or tie that will compel the person to return to their home country at the end of their visit to the U.S. So, it is imperative for a person applying for a visa to produce evidence, i.e., usually documents, that show the facts that establish the existence of these ties.
So, for example, a person would want to produce a title to residential real property or a lease for residential real property. A person could produce utility bills addressed to the person at the same address as the address of the property they own or rent. This would show that the person, in fact, lives in the residential property. A person would want to produce a letter from an employer attesting to the person’s employment and to the fact that it is expected to continue. Or a person might provide a copy of their employment contract.
The goal is to make it clear to the consular officer making the decision about the person’s application that the person has every intention of returning home when their U.S. visit comes to an end. A person must do their best to provide documentation showing they are not a security risk and that they fully intend to return to their home country when their visit to the U.S. ends. A person should make sure to bring in any other documentation that shows the strength of their ties to their home country.
Is a Denial Under INA Section 214(b) Permanent?
A denial is not permanent. A person can always apply again at a later time if their application is denied. However, it is not advisable to apply again right away after the denial of an application. The application fee is not returned if the application is denied, and the fee must be paid again for any new application.
Moreover, a person is likely to have their application denied a second time unless they can show the following:
- The person can provide further evidence of their established life in their home country and their travel plans in the U.S. showing a legitimate purpose for the visit that is not immigration;
- The person’s circumstances have changed in a favorable way that would make the person eligible for a visa
- For example, the person could show that they have a new job, recently bought or leased a home, or have a compelling reason for which their visit to the U.S. is temporary, e.g. the person wants to attend a family member’s wedding, rather than simply visit or take a vacation
Submitting additional applications that are exactly the same as applications that were denied is not advisable. A person wants to produce a stronger application if their first application failed to persuade the consular officer of their intent not to immigrate to the U.S.
What Immigration Laws May Apply to 214bv Visa Denials?
One of the main immigration laws that applies to almost every immigration issue is the Immigration and Nationality Act (INA), also called the Hart-Cellar Act. In an employment law immigration case, the INA requires employers to hire employees that only have proper work authorizations.
The INA also outlines the qualifications for someone to become a naturalized citizen of the United States. Essentially, the INA makes sure that immigrants from a variety of countries are allowed to come to the U.S. The INA also governs nearly every issue that can arise related to or involving an alien immigrating to the United States.
In addition to the INA, which has been in force since 1965, there are other laws that apply to immigration issues that can change and be updated frequently, especially with changes in presidential administrations, including the following.
Executive order Protecting the Meaning and Value of American Citizenship
This law seeks to terminate birthright citizenship where all children born in the United States are automatically granted citizenship. In order to receive birthright citizenship, one of the parents of the child has to be a citizen or a permanent resident of the United States.
If a child’s parent is in the United States on a temporary visa, they will not be given birthright citizenship. It is important to be aware that this order is not being enforced due to an injunction.
Executive Order Guaranteeing the States Protections Against Invasion
This law prohibits all people from coming into the United States at the southern border, including asylum seekers. However, the Secretary of State and Department of Homeland Security (DHS) are able to admit applicants on a case-by-case basis.
Executive Order Realigning the United States Refugee Admissions Program (USRAP)
This order places limits on the ways immigrants are able to seek legal entry into the U.S. Similar to the previous order, refugees can be admitted on a case-by-case basis.
It is important to note that, currently, USRAP is indefinitely suspended pending further evaluation.
Executive Order Protecting the American People Against Invasion
This law outlines the policies for the enforcement of illegal entry, unlawful presence, and deportation or removal of those who are unlawfully present in the United States. In addition, this order seeks to expand expedited removal.
The immigration laws discussed above in addition to other applicable laws can have an effect on an individual’s employment and immigration status. It is important to be aware that these as well as other immigration laws can be changed or updated at any time, and especially with a new presidential administration.
What Is Illegal Re-entry?
When a non-citizen is subject to deportation or removal from the U.S., this typically includes an order that the person cannot return to the U.S. When this happens, if the individual tries to reenter the country, it is referred to as illegal reentry.
The INA has a broad definition of illegal reentry. Generally, reentry is deemed illegal when an individual tries to enter the U.S. without government approval after they:
- Have been denied admission into the country, for example, a denial of a visa application
- Have been excluded from entering the U.S. in immigration proceedings
- Have been removed or deported from the U.S.
- Departed the U.S. while immigration proceedings for deportation, removal, or exclusion were pending or outstanding
This means that illegal entry may occur even before an individual is formally subjected to removal or deportation proceedings. This is a serious offense that can result in felony charges because illegal reentry is considered to be a type of illegal immigration.
If, however, an immigration accused of illegal reentry can show their reentry was not illegal, the charge against them may be dismissed. This typically means they have to show they have relief from removal.
Relief from removal is an action that an individual subject to deportation or removal takes to delay their removal or prevent their removal. These types of immigration issues, especially illegal reentry charges, can be very serious and usually require help from a deportation lawyer. Having help from a lawyer can help you avoid felony charges and have the best chance possible of entering the U.S.
Do I Need an Attorney?
If you need help with a visa application, especially if your visa has been denied, you should contact an experienced immigration attorney. An experienced immigration lawyer is familiar with the visa application process, can help you complete the application correctly, and can identify supporting documentation for your application.
The lawyer will help you put together the best possible case for getting a travel visa. You are most likely to get the best possible result if you have an experienced immigration lawyer representing you.
When you have any questions or concerns related to a visa denial, you can use LegalMatch today in as little as 15 minutes to get started resolving your concern. Simply fill out the online forms and you will be matched with licensed and prescreened immigration lawyers near you who are ready to help you with your visa. The service is free and many lawyers offer free initial consultations, so get started today.
