VISA SERVICES

Refusals

214(b) means you did not qualify this time

Section 214(b) of the United States Immigration and Nationality Act states that: "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 a visa, that he is entitled to non-immigrant status." This means that most visa applicants must convince the Consular Officer of the following: 

• that he or she intends to return to his or her home in India following a temporary stay in the United States; 
• that his or her financial situation is such that he or she can afford the trip without having to seek unauthorized employment in the U.S.; and
• that the travel is for legitimate purposes permitted by the applicant's visa category.

Applicants overcome this presumption of immigrant intent by showing that their overall circumstances, including social, family, economic and other ties to India, will compel them to leave the U.S. at the end of a temporary visit or study. "Ties" are the various aspects of life that bind you to India, such as your family relationships, employment and possessions. In the case of younger applicants who may not have had an opportunity to establish such ties, Consular Officers may consider educational status, school grades and long-range plans in India.

A visa decision is based more on the interview than on documents.  The information on this website provides guidance to help you provide the Consular Officer with the best information so that you may get the fairest interview.  However, there is never a guarantee that any applicant will have their application approved.

214(b) applies to students and exchange visitors

214(b) applies to students and exchange visitors, too.  A Certificate of Eligibility for Non-immigrant Student Status (I-20) from their chosen school in the U.S. is not a guarantee a visa application will be approved.  Just as with visitors, students must show that they intend to leave the U.S. after they finish their studies.

You can reapply if your circumstances change

A refusal under Section 214(b) does not make you permanently ineligible.  If you have new information or if your overall circumstances have changed significantly, you may reapply.

Visa consultants

Some ineligible applicants seek help from a "visa consultant.”  If you do hire a consultant, remember that you alone are responsible for the accuracy of the information in your application.  If you provide false information based upon what a consultant told you, you will face penalties, up to and including permanent ineligibility to enter the U.S.

How to reapply

Applicants who wish to reapply need to schedule a new appointment through VFS. However, applicants providing the same information a second time will be highly unlikely to succeed in obtaining a visa during the second interview.