Non-Immigrant Visas

REFUSAL UNDER SECTION 214(b)

Section 214(b) of the Immigration and Nationality Act (INA) of 1952, as amended, contains a statutory provision that nonimmigrant visa applicants are presumed to be intending immigrants until they convince the consular officer that they have a permanent residence abroad which they have no intention of abandoning.  This is established by demonstrating family, social, employment, economic or other ties to another country that will compel the applicant to return there after a temporary stay in the United States.

Consular officers do not give specific examples of how to overcome the presumption of ineligibility described in INA 214(b).  Each case is unique and the applicant must convince the consular officer of his or her intent to return to his or her country in odrer to qualify for a nonimmigrant visa class.

Visa ineligibility under Section 214(b) is not permanent and may be overcome by the submission of additional evidence if an applicant can demonstrate stronger ties to Morocco.  If an applicant is refused, he or she is free to reapply at any time.  However, applicants should not re-apply unless they have significant new information to present to the consular officer.

Frequently Asked Questions regarding refusals

 

I was refused a visa, can I apply again? A visa denial is not a permanent ineligibility. You can apply again and present further evidence of ties outside the United States, but you will need to pay the application fee again. 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.

 

My friend or relative was refused a visa, who should I talk to about what happened? You should talk to your friend or relative, the applicant. Under U.S. law, specifically the Immigration and Nationality Act (Section INA) 222 (f), the visa records are confidential. The visa applicant can inquire at the U.S. embassy or consulate abroad where he/she applied regarding their visa application statues. Because of the confidentiality of visa records, you’ll need to ask your friend, the visa applicant, your questions about whether a visa application was made, or a visa was issued or denied.

 

How do I show proof of 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, or 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.