US Visa Denial

The United States is an open society. Unlike many other countries, the United States does
not impose internal controls on most visitors, such as registration with local authorities.
In order to enjoy the privilege of unencumbered travel in the United States, aliens have a
responsibility to prove they are going to return abroad before a visitor or student visa is
issued. Our immigration law requires consular officers to view every visa applicant as an
intending immigrant until the applicant proves otherwise.


Section 214(b) is part of the Immigration and Nationality Act (INA). It 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...

To qualify for a visitor or student visa, an applicant must meet the requirements of
sections 101(a)(15)(B) or (F) of the INA respectively. 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.

Our consular officers have a difficult job. They must decide in a very short time if
someone is qualified to receive a temporary visa. Most cases are decided after a brief
interview and review of whatever evidence of ties an applicant presents.


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, 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.

As a U.S. citizen or legal permanent resident, imagine your own ties in the United States.
Would a consular office of a foreign country consider that you have a residence in the
United States that you do not intend to abandon? It is likely that the answer would be
"yes" if you have a job, a family, if you own or rent a house or apartment, or if you have
other commitments that would require you to return to the United States at the
conclusion of a visit abroad. Each person's situation is different.

Our consular officers are aware of this diversity. During the visa interview they look at
each application individually and consider professional, social, cultural and other
factors. In cases of younger applicants who may not have had an opportunity to form
many ties, consular officers may look at the applicants specific intentions, family
situations, and long-range plans and prospects within his or her country of residence.
Each case is examined individually and is accorded every consideration under the law.


No. The consular officer will reconsider a case if an applicant can show further
convincing evidence of ties outside the United States. Your friend, relative or student
should contact the embassy or consulate to find out about reapplication procedures.
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.


You may provide a letter of invitation or support. However, this cannot guarantee visa
issuance to a foreign national friend, relative or student. Visa applicants must qualify for
the visa according to their own circumstances, not on the basis of an American
sponsor's assurance.


First encourage your relative, friend or student to review carefully their situation and
evaluate realistically their ties. You can suggest that they write down on paper what
qualifying ties they think they have which may not have been evaluated at the time of
their interview with the consular officer. Also, if they have been refused, they should
review what documents were submitted for the consul to consider. Applicants refused
visas under section 214(b) may reapply for a visa. When they do, they will have to show
further evidence of their ties or how their circumstances have changed since the time of
the original application. It may help to answer the following questions before
reapplying: (1) Did I explain my situation accurately? (2) Did the consular officer overlook
something? (3) Is there any additional information I can present to establish my
residence and strong ties abroad?

Your acquaintances should also bear in mind that they will be charged a nonrefundable
application fee each time they apply for a visa, regardless of whether a visa is issued.


Immigration law delegates the responsibility for issuance or refusal of visas to consular
officers overseas. They have the final say on all visa cases. By regulation the U.S.
Department of State has authority to review consular decisions, but this authority is
limited to the interpretation of law, as contrasted to determinations of facts. The
question at issue in such denials, whether an applicant possesses the required residence
abroad, is a factual one. Therefore, it falls exclusively within the authority of consular
officers at our Foreign Service posts to resolve. An applicant can influence the post to
change a prior visa denial only through the presentation of new convincing evidence of
strong ties.
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