11/25/2021 What Section 214(B) Visa Denial MeansHas your visa been denied by a consular officer under Section 214(b) of the Immigration and Nationality Act? Millions of visas are denied each year under this section of law. If this is your scenario, you may be confused and wondering what that means and if there is any way to get around it. U.S. immigration law is set up where the burden falls on the visa applicant to demonstrate that they do not intend to stay permanently in the United States and meet the requirements to receive the visa. The “presumption of immigrant intent” is a major hurdle you may face if you received a 214(b) visa denial. Much like being guilty until proven innocent, you will have to prove beyond a shadow of a doubt that your intentions are honest and not to overstay the authorized length of the visa you receive. While some visa ineligibilities can be overcome, and the Department of Homeland Security can authorize a waiver, that is not the case for all immigration cases. Common Denial Reasons Under Section 214(b) Below are some possible reasons your visa may have been denied under Section 214(b):
It is necessary to mention that if you are reapplying for your visa after receiving a 214(b) denial, you will be responsible for paying the application fees again. They are non-refundable whether or not that visa is approved. You will also need to have an interview with a consular officer again. Always prepare for the interview process with your lawyer to anticipate any questions that may arise in light of the new information you are providing for your case. The verbal answers you provide during the interview with the immigration official will weigh heavy on the decision. Always be polite to immigration officials and if you do not understand a question, ask them to clarify. If you are a student reapplying after a denial, it can be very beneficial to bring Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, along with you. Frequently Asked Questions about INA 214(b)
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