214b Visa Denial

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: or
• 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 5 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; and
• 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.

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 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.