VISA SERVICES

If Your Application is Refused

A well-trained consular officer will adjudicate each case on its own merits and in accordance with U.S. law to determine the applicant’s eligibility.  If your application is refused, the officer will give you, in writing, the reasons they cannot issue the visa. 

• Section 214(b) refusals
• Section 221(g) refusals

Frequently Asked Questions about the 214(b) Visa Denial

Q. Why is there a visa requirement?

A. The U.S. is an open society. The U.S. 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 U.S., 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.

Q. Why was my application for a nonimmigrant visa denied?

A. It was denied because you were found ineligible under Section 214(b) of the U.S. Immigration and Nationality Act (INA). Section 214(b) requires applicants for nonimmigrant visas to show that they meet each of the requirements for a visa in a particular visa category. An applicant for a nonimmigrant visa, a temporary visit for business, pleasure, or studying, is required to demonstrate that he or she has a permanent residence abroad and intends to depart the U.S. at the end of the authorized stay. Unfortunately, you have not shown that you have sufficient family, social, or economic ties to your place of residence to ensure that your projected stay in the U.S. will be temporary.

Q. What is Section 214(b) and what does it mean?

A. Section 214(b) is part of the U.S. 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 a visa … that he is entitled to a nonimmigrant status

It means that the burden of proof is on the applicant to show that he or she is not an intending immigrant. The consular officer uses the interview to determine the intentions of the applicant.

Q. What are "ties to India"?

A. "Ties" are the aspects of life that bind people to their places of residence, including, but not limited to, possession, family relationships, employment, education and prospects in India. As each person's situation is different, there is no set answer to what constitutes adequate ties.

Q. I provided all the documents, but my application was turned down anyway. Why?

A. Consular officers refer to documents only if they can provide additional insight into the case. The application form, if completed thoroughly, contains the information needed to adjudicate the visa. If additional documents are required, the officer will ask for them during the interview. The officer's final decision is based mainly on the oral interview.

Q. Do letters of guarantee of return from a person of high stature help get a visa?

A. A letter, even from a U.S. citizen, rarely establishes the applicant's ties to their home country. U.S. law requires each applicant to qualify for a visa in his or her own right.

Q. Will it help my application if I present a letter from my relative's U.S. Congressman or Senator?

A. Such letters are considered, but the applicant's intentions are still the key to the adjudicating officer's decision.

Q. Why are the visa interviews so short? I was asked only a couple of questions.

A. Consular officers interview dozens of applicants each day and they develop skills that allow them to focus on the relevant information without delay.

Q. Isn't it better not to disclose that I have close relatives living in the U.S., that I have an immigrant visa petition on file, or that I have previously been denied?

A. Full disclosure is best. Close relatives and pending immigrant petitions do not necessarily disqualify an applicant. Family ties are just one of many factors used in determining ties to one's home country.

Q. What happens if I conceal or misrepresent information or submit fraudulent documents?

A. If the consular officer uncovers any attempt to conceal or misrepresent, the visa will usually be denied and the applicant may, in certain cases, be ruled permanently ineligible to enter the U.S.

Q. Is it possible to get my Visa Application Fee frefunded if my visa was denied?

A. No, this is a non-refundable fee for the visa application process, not visa issuance. 

Q. Is a denial under Section 214(b) permanent?

A. No, a consular officer will reconsider a case if an applicant can show further convincing evidence of ties outside the U.S.  All the applicant need do is reapply for a nonimmigrant visa and bring the new evidence to the visa interview. 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.

Q. Do you have to pay the Visa Application Fee again to reapply?

A. Yes, the fee is for each application.

Q. Who can influence the consular officer to reverse a decision?

A. 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.

Common Misconceptions about the Visa Application Process

1. Qualification for a visa is based on presentation of documents. This is not true. Qualification for a visa is based mainly on a brief oral visa interview conducted by a consular officer. In the interview the applicant must show their circumstances meet the requirements of the Immigration and Nationality Act (INA).

Documents play only a supporting role in the visa interview and must only be shown when the consular officer asks for them. The only documents that are relevant to a visa application are those that show an applicant's circumstances meet the requirements of the INA. Furthermore, no one document or piece of information can guarantee an applicant will qualify for a visa; this includes letters of recommendation or guarantee.

All the documents listed in our telephone message or in our website are suggestions of what an applicant should bring to their visa interview. If the applicant's versions of those documents fail to show their circumstances meet the requirements of the INA then these documents are irrelevant. Invalid documents are also irrelevant and fraud or misrepresentation can result in permanent ineligibility for a U.S. visa.

2. A person who does not qualify for a visa under Section 214(b) can qualify for a visa if they bring more documents to another visa interview. This is not true. Qualification for a visa is based mainly on a brief oral visa interview conducted by a consular officer. In the interview the applicant must show their circumstances meet the requirements of the INA.

3. Consular officers are available to discuss visa applications after a visa denial or in advance of the visa interview. This is not the case. Due to time and staffing constraints, officers cannot take phone calls or answer emails that relate to visa applications.

Advice for those Assisting Applicants for Nonimmigrant Visas

How can I help?

You may provide a letter of invitation or support. This letter, however, may not be asked for during the brief oral interview and cannot guarantee the issuance of a visa to a friend, relative or student. A visa applicant qualifies for a visa because their circumstances meet the requirements of the Immigration and Nationality Act (INA), not because of a U.S. sponsor's assurance.

You are encouraged to supply such a letter directly to the visa applicant. The applicant can then bring the letter to their visa interview. It is not advisable that you send the letter to the U.S. Embassy/Consulate in anticipation of a visa application. Due to the high volume of applicants, we may be unable to provide the letter to the consular officer who will interview the applicant.

What can I do if an acquaintance is refused a visa under 214(b) for lack of a residence abroad?

Encourage your relative, friend or student to carefully review their situation and evaluate their ties to their home country realistically. You can suggest that they write down on paper what qualifying ties they think they have that 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 officer to consider.

Applicants refused visas under Section 214(b) may reapply for a nonimmigrant 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?; and (3) Is there any additional information I can present to establish my residence and strong ties abroad?

Students & Visa Denials

Some students are confused when, after presenting an I-20 Form (Certificate of Eligibility for Nonimmigrant Student Status) from their chosen school in the U.S., they find they are not qualified for a student visa. Just as with visitors, Section 214(b) requires students to show they will leave the U.S. after they finish their studies. An I-20 Form is one of several documents that allow an applicant to apply for a student visa, but cannot guarantee qualification. If it appears a student's purpose is not to obtain an education that will advance their life in their home country, but will instead allow an indefinite stay in the U.S. for themselves or their family, the student will not qualify for a visa.

 

How do I reapply?

To reapply you must start the visa application process again. The earliest you can start the process is three business days after your previous visa interview. You are advised to reapply only if there are significant changes in the case or your circumstances that were not presented at your previous visa interview. Quick re-applications based on the hope of finding a consular officer more inclined to issue a visa will likely result in a second refusal.

Further Instructions & Information:

• In the absence of a significant changes in the case or your circumstances it is unlikely that you will be issued a visa
• Please consider the full cost of reapplying for a visa before you start the visa application process again
• You will be required to fill out a new visa application forms and pay all the fees and charges again
• There is no limit to the number of times you apply for a U.S. nonimmigrant visa

 

221(g) Visa Denial

If the consular officer puts your case on hold under Section 221(g) of the Immigration and Nationality Act (INA) it means your visa application was not complete or requires further administrative action. It may be that you did not bring relevant documents or another U.S. government agency must review your visa application. If you receive a 221(g) visa denial, you must follow all the instructions given to you when the consular officer temporarily denied your visa application.

Further Instructions & Information:

• If requested to wait until the U.S. Embassy/Consulate contacts you, please do not phone the Embassy/Consulate or make an appointment. Your case requires further administrative processing and the Embassy/Consulate will contact you once this processing has been completed
• You may be required to fill out a new visa application form. Refer to the instructions given to you at the time your visa application was temporarily denied
• You can resubmit your Visa Issuance Fee demand draft, if applicable, at the time of your new visa interview appointment. Indian and Bhutanese citizens and holders of yellow Identity Certificate are exempt from this fee
• If you reapply for a visa within one year of a Section 221(g) denial you will not need to pay the Visa Application Fee again or make a new visa interview appointment