Foreign nationals that wish to enter the U.S. must first receive a travel visa from a United States Consulate or Embassy located in their country. Many people seeking to simply travel to the U.S. and not immigrate there usually apply for a non-immigrant visa.
If you are refused a non-immigrant visa because of Immigration and Nationality Act (INA) Section 214(b), that means that you:
- Did not sufficiently demonstrate to the consular officer that you qualify for the nonimmigrant visa category you applied for; and/or
- Did not overcome the presumption of immigrant intent, required by law, by sufficiently demonstrating that you have strong ties to your home country that will compel you to leave the United States at the end of your temporary stay.
When applying for a travel visa, you have the burden of proving every requirement necessary to obtain a visa, and if you are unable to do so, the consular officer will most likely deny your application.
There are many factors when it comes to deciding whether or not someone has strong ties to their country. Some things that consular officers look at when deciding whether or not someone has strong ties to his or her country are facts such as: (1) If you have job in your home country; (2) If you own or rent a home in your country; and (3) the number of social connections you have, such as friends and family, in your home country.
An extremely important consideration a consular officer must make when considering your application for a travel visa is whether or not you have some sort of strong commitment or tie that would require you to return to your home country at the end of your visit to the United States.
No. If your visa denial cites 214(b) as a reason, you still have an opportunity to appeal the decision. You must do your best to provide documentation that shows that you are not a security risk and that you fully intend to return to your home country at the conclusion of your visit to the U.S. Make sure you bring in any other documentation that shows the strength of your ties to your home country.
Additionally, a denial isn’t permanent. This is because even if your appeal doesn’t work out, you can always apply again later on. Sometimes time is the only cure, especially if you are new to your country of residence.
If you need help with a visa application, especially if your visa has been denied, you should contact an immigration Attorney. An experienced immigration lawyer can walk you through the process, help you appeal your denial, and inform you of any other options you might have open to you.