Non-Immigrant Visas
Visa Denials
Section 214(b) of the Immigration and Nationality Act (INA) 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...
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 U.S. at the end of the temporary stay. The law places this burden of proof on the applicant.
Please Note: Under U.S. immigration law, American citizens may not have any role in the non-immigrant visa application process. Visa applicants must qualify for the visa according to their own circumstances, not on the basis of an American sponsor's assurance.
A DENIAL UNDER SECTION 214 (b) IS NOT PERMANENT
The consular officer will reconsider a case if an applicant can show further convincing evidence of ties outside the United States. To re-apply for a non-immigrant visa, you will have to follow the application procedures as listed on the non-immigrant visa application procedures page.
Unfortunately, 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.
For more detailed information regarding 214(b) visa denials please visit the following website: http://travel.state.gov/visa/frvi/denials/denials_1361.html