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Has your visa been denied by a consular officer beneath Part 214(b) of the Immigration and Nationality Act? Tens of millions of visas are denied annually beneath this part of legislation. If that is your state of affairs, it’s possible you’ll be confused and questioning what meaning and if there may be any method to get round it. U.S. immigration legislation is ready up the place the burden falls on the visa applicant to show that they don’t intend to remain completely in america and meet the necessities to obtain the visa. The “presumption of immigrant intent” is a serious hurdle it’s possible you’ll face in case you acquired a 214(b) visa denial. Very like being responsible till confirmed harmless, you’ll have to show past a shadow of a doubt that your intentions are sincere and to not overstay the licensed size of the visa you obtain. Whereas some visa ineligibilities will be overcome, and the Division of Homeland Safety can authorize a waiver, that’s not the case for all immigration instances. On this submit, we are going to discover what 214(b) refusal means and the way it could apply to the concerns of your visa software.
What’s the Immigration and Nationality Act (INA) 214(b) Part?
Based on the U.S. Division of State Bureau of Consular Affairs, Part 214(b) of the Immigration and Nationality Act states:
Each alien (apart from a nonimmigrant described in subparagraph (L) or (V) of part 101(a)(15), and apart from a nonimmigrant described in any provision of part 101(a)(15)(H)(i) besides subclause (b1) of such part) shall be presumed to be an immigrant till he establishes to the satisfaction of the consular officer, on the time of software for a visa, and the immigration officers, on the time of software for admission, that he’s entitled to a nonimmigrant standing beneath part 101(a)(15). An alien who’s an officer or worker of any international authorities or of any worldwide group entitled to get pleasure from privileges, exemptions, and immunities beneath the Worldwide Organizations Immunities Act, or an alien who’s the attendant, servant, worker, or member of the speedy household of any such alien shall not be entitled to use for or obtain an immigrant visa, or to enter america as an immigrant except he executes a written waiver in the identical kind and substance as is prescribed by part 247(b).
Primarily, it’s the officer’s duty to find out in case you qualify to get a brief visa primarily based on the knowledge you supplied and their brief interplay with you. One of many main consideration elements in deciding in case you have an intention to desert your nation of residence and keep in america. For that purpose, have “sturdy ties” to your nation is essential to determine together with your immigration case. These ties generally is a profession, a household to maintain, actual property, different commitments, and many others. If, for instance, you might be unemployed, not married, and shouldn’t have youngsters or personal any actual property, these might be crimson flags from the consular officer’s level of you that you could be be an intending immigrant. Robust ties for a minor can imply issues like academic plans, grades, and many others.
Should you face a 214(b) visa denial primarily based on not having sturdy ties to your nation of residence, it’s doable to have the denial reversed in case you can present proof that you’ve got these ties. A certified immigration skilled is the very best one that will help you collect the suitable proof and make your case. Some elements they could have you ever contemplate embrace whether or not you precisely described your house state of affairs, any tie(s) you uncared for to say, or further info you may embrace in your case.
Widespread Denial Causes Below Part 214(b)
Beneath are some doable causes your visa could have been denied beneath Part 214(b):
- Staying for extended visits in america
- If the consular officer sees that you’ve got stayed for prolonged intervals of time within the U.S., the officer could consider that you’re not dwelling in your house nation or are an intending immigrant.
- Returning to your house nation to acquire a brand new visa after altering your standing.
- Immigration officers can interpret this a misleading in the event that they consider your actual intent from the primary visa software was to vary your standing. For instance, in case you first acquired a vacationer visa after which modified your standing to a piece visa after arriving.
- Pending (or denied) immigrant petition
- In case you have beforehand been denied an immigrant petition or have one pending, this generally is a crimson flag for officers as a result of it’s clearly an intent to immigrate to the U.S. Furthermore, these officers can defer to that prior denial and state there isn’t a change in your circumstances if that’s the case. It’s possible you’ll be requested what has modified because you beforehand utilized for a visa by immigration officers. At all times focus on this upfront together with your lawyer. Don’t assume that altering the rationale on your journey will enhance your odds of getting the visa as a result of that may sign desperation to the immigration officers.
- Suspicion of fraudulent paperwork
- Any inkling that you’ve got submitted fraudulent paperwork on your case will be trigger for denial.
- Insubstantial monetary sources for the journey
- Not having stable monetary assist on your journey could cause concern with officers since you turn into a threat of being a public cost or having to hunt unauthorized employment within the U.S. to pay for bills. For instance, if you’re making use of for the visa to obtain medical care however can’t show the wherewithal to pay, it’s possible you’ll be denied beneath part 214(b).
Reapplying and the Interview Course of
It’s mandatory to say that if you’re reapplying on your visa after receiving a 214(b) denial, you can be chargeable for paying the applying charges once more. They’re non-refundable whether or not or not that visa is authorized. Additionally, you will have to have an interview with a consular officer once more. At all times put together for the interview course of together with your lawyer to anticipate any questions which will come up in gentle of the brand new info you might be offering on your case. The verbal solutions you present in the course of the interview with the immigration official will weigh heavy on the choice. At all times be well mannered to immigration officers and if you don’t perceive a query, ask them to make clear.
In case you are a pupil reapplying after a denial, it may be very useful to convey Kind I-20, Certificates of Eligibility for Nonimmigrant Pupil Standing, together with you.
Incessantly Requested Questions on INA 214(b)
Can I get the cash I paid for my visa again if I’m ineligible?
Sadly, the federal government is not going to return the applying processing price since it’s non-refundable. Due to this fact, in case you select to reapply for the visa, you will want to pay the applying charges once more (non-refundable whether or not or not that visa is authorized).
Is there an attraction course of after receiving a 214(b) denial?
Whereas there isn’t a attraction course of, nothing stops you from reapplying and displaying new credible proof to the immigration official. The burden falls on you to show that you’d be candidate for the visa and that you don’t have any intentions of remaining within the U.S.
If I convey extra paperwork, do I’ve a greater likelihood of getting authorized?
Not essentially, however the documentation you convey is essential for the officer to get a complete image of your case. You should definitely fastidiously overview the documentation together with your immigration lawyer earlier than the interview.
What do “sturdy ties” imply?
Robust ties consult with a side of your life that retains you rooted in your nation of residence. These can embrace jobs, household, house, financial institution accounts, monetary duties, and many others. Any indication (financial, social, cultural) that you’ll not abandon your nation after visiting america in your visa will be useful to offer immigration officers. Paperwork you may embrace property titles, financial institution paperwork, marriage paperwork, wage declarations, and many others.
Who can I speak to if my member of the family or good friend was denied a visa beneath part 214(b)?
Whilst you can’t speak on to the Division of State about another person’s visa choice, you may suggest to your good friend or relative to reexamine the knowledge they supplied to immigration officers and in the event that they disregarded any info in the event that they included particular particulars in regards to the sturdy ties to the nation of residence and inform them that they’ll reapply once more.
What’s Part 214(B) for a U.S. visa?
Part 214(b) is part of the Immigration and Nationality Act, making you ineligible to obtain a nonimmigrant visa primarily based on a presumption of being an intending immigrant or not assembly one of many different eligibility necessities for the visa class you utilized for.
What does 214(B) rejection imply?
The rejection means the visa you utilized for was not authorized primarily based on one side of the immigration legislation outlined in 214(B). One frequent purpose is indicating to immigration officers an intention to stay in america previous the phrases of the visa you might be making use of for. This may be as oblique as not having sturdy ties to your house nation (household, profession, property, and many others.) or as blatant as saying you may have plans to remain within the U.S. In some instances, you may reapply after a 214(b) rejection, so not all hope is misplaced.
What’s visa revocation?
Consular officers will generally perform what is named visa revocation primarily based on “new info that got here to gentle after visa issuance.” The brand new info should create sufficient doubt that officers can construe that the visa applicant now not qualifies for the visa and will be denied beneath the 214(b) eligibility necessities.
How do you recover from 214(b) rejection?
It’s doable to have sure visa ineligibilities overcome with the correct documentation. Equally, you may reapply in case your visa software was denied the primary time however make sure to convey the very best supporting proof on your case. To observe by means of with reapply, contact the U.S. consulate/embassy in your nation and ask them in regards to the steps. Earlier than going by means of with the applying, study if there are any essential concerns that the officer missed on your state of affairs and, if doable, present further proof to assist your state of affairs.
I used to be denied beneath 214(b) as a pupil. What ought to I do?
In case you are a pupil and have been denied a visa, then both you didn’t show that you simply have been a bonafide pupil, you had the monetary assist to pay on your research within the U.S., or that you simply had sturdy sufficient ties in your house nation to have the immigration official really feel assured you’d return after your visa elapsed. With that mentioned, you may reapply for the visa. Should you select to take action, you must convey satisfactory proof to the officer demonstrating that you’ve got each intention to depart the U.S. after you full your research. The I-20, Certificates of Eligibility for Nonimmigrant Pupil Standing, is one helpful doc that you would be able to convey. Should you point out to the officer that you’ve got an intention to pursue your profession within the U.S. after your research are over, you’ll probably be denied.
Why can’t I get a vacationer visa if I at present have an immigrant visa that’s pending?
Must you at present have an immigrant visa pending and try to concurrently get a vacationer visa, that will probably be a crimson flag for officers since you clearly intend to immigrate to the U.S., which warrants disqualification of a vacationer visa beneath part 214(b) of the INA. Furthermore, having a partner who lives completely within the U.S. may also increase suspicion of your intent to remain in america if granted a vacationer visa. Due to this fact, if you end up dealing with these challenges, it’s crucial to have a professional immigration skilled assist bolster your case.
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