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.