Why was My Travel Visa Denied?
Why was my
Travel Visa denied and what can I do now?
Hearing a
consular officer say, “Your application for a temporary travel
visa is denied. You are not qualified under Section 214(b) of
the Immigration and Nationality Act,” can cause great
disappointment and sometimes embarrassment. Here is what a
214(b) visa refusal means and what applicants and friends can do
to prepare for a visa reapplication.
What is
Section 214(b)?
Section 214(b)
is part of the Immigration and Nationality Act (“INA”). It
states:
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 . .
.
To qualify for
a visitor or student visa, an applicant must meet the
requirements of sections 101(a)(15)(B) or (F) of the INA
respectively. Failure to do so will result in a refusal of a
visa under INA 214(b). The most frequent basis for such a
refusal concerns 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 residence
by demonstrating that they have ties abroad that would compel
them to leave the United States at the end of the temporary stay.
The law places this burden of proof on the applicant.
Consular
officers must decide in a very short time if someone is
qualified to receive a temporary visa. Most cases are decided
after a brief interview and review of whatever evidence of ties
an applicant presents.
What
constitutes strong ties?
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.
Consular
officers are aware of this diversity. During the visa interview
they 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 applicants specific
intentions, family situations, and long-range plans and
prospects within his or her country of residence. Each case is
examined individually and is supposed to be accorded every
consideration under the law.
Is a denial
under Section 214(B) permanent?
No. The
consular officer will reconsider a case, if an applicant can
show further convincing evidence of ties outside the United
States. However, due to a person’s particular situation, some
applicants will not qualify for a nonimmigrant visa, regardless
of how many times they reapply, until their personal,
professional and financial circumstances change considerably.
Invitation
Letter
A letter of
invitation or support from a United States citizen may help.
However, this does not guarantee visa issuance. Visa applicants
must qualify for the visa according to their own circumstances,
not on the basis of an American sponsor’s assurance.
Practical
Tips
Review your
situation and evaluate your ties. Make a note to yourself about
what qualifying ties you think you have which may not have been
evaluated at the time of the interview with the consular
officer. You should review the documents that were submitted
for the consul to consider. Although applicants may reapply for
a visa, they will have to show further evidence of their
ties or how their circumstances have changed since the
time of the original application. It may help to answer the
following questions before reapplying: 1) Did I explain my
situation accurately; 2) Did the consular officer overlook
something; and 3) Is there any additional information I can
present to establish my residence and strong ties abroad?
Keep in mind
that you will be charged a nonrefundable application fee each
time you apply for a visa, regardless of whether a visa is
issued.
Can anybody
influence the Consular Officer to reverse a decision?
Immigration law
delegates the responsibility for issuance or refusal of visas to
consular officers overseas. They have the final say on
all visa cases. By regulation, the United States Department of
State has authority to review consular decisions, but this
authority is limited to the interpretation of law as contrasted
to determinations of facts. The question at issue in such
denials, whether an applicant possesses the required residence
abroad, is a factual one. Therefore, it falls exclusively within
the authority of consular officers at the Foreign Service posts
to resolve. An applicant can influence the post to change a
prior visa denial only through the presentation of new,
convincing evidence of strong ties. Nevertheless, an
Immigration Lawyer may be able to help you present your case in
the best possible light.
