Visa Denied under 214(b)

WHAT IS SECTION 214(b)?

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, that’s YOU.

Most cases are decided after a brief interview and review of whatever evidence of ties an applicant presents, and consulate officers only spend a minimal amount of time reviewing the file before the interview, and in some instances, none at all.

WHAT CONSTITUTES “STRONG TIES”?

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 each person’s situation is different, consular officers 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.

IS A DENIAL UNDER SECTION 214(B) PERMANENT?

No. Your case will  be reconsidered if you can show further convincing evidence of ties outside the United States.  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.

WHAT CAN YOU DO IF AN AQUAINTANCE IS REFUSED A VISA UNDER 214(B) FOR LACK OF A RESIDENCE ABROAD?

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. You are not barred from reapplying as often as you like, just be aware that the application fee applies each time and there’s no guarantee that it will be approved.

HOW FRONTIER LEGAL CAN HELP

At Frontier Legal, we will schedule a meeting with the applicant to review their individual circumstances and assess their likelihood of approval for the Tourist Visa or Student Visa. While we cannot guarantee the outcome of your case, as only the consular officers can make the final decision, we can provide you with a qualitative analysis of your case and assist you in the interview process while ensuring that you submit all your required documents to prove your strong ties to the home country.   www.FrontierLegal.com

Contact us in Bangkok!

Bangkok, Thailand +66 (0)8 4724 3192

Skype: FrontierLegal

Email: Info@Frontierlegal.com

Criminal History May Bar Foreign Nationals from Entering the U.S.

Foreign nationals with one or more criminal convictions in their past are typically ineligible to receive an immigrant visa to enter the U.S. (non-immigrants are likewise barred, although the bar is not quite as broad as it is for immigrant visas).
There are some exceptions to the bar.

The offense is not a crime of “moral turpitude” (a very slippery concept that some courts have equated with a fundamental “baseness”, “depravity” or “vileness”, but for which no clear definition exists). The offense was “purely political.” The foreign national has (1) committed only one crime involving moral turpitude at any time; AND (2) “was not sentenced to a term of imprisonment in excess of six months (regardless of the extent to which the sentence was ultimately executed) AND (3) the conviction carries a maximum possible sentence of one year or less.

Drug traffickers are ineligible for a visa, even if there has been no conviction, as long as the consular or immigration officer knows or has reason to believe that the visa applicant has been involved in trafficking.

A person coming to the U.S. to engage in prostitution, or who has engaged in prostitution within ten years of their application for entry, is inadmissible, even if there was no criminal conviction.

An amnesty or parole does not remove the crime from calculation of the bar. Such crimes are treated for U.S. immigration purposes exactly as though the conviction remained in place.

Similarly, a “deferred adjudication” whereby the record of the offense is expunged from the defendant’s record is nonetheless regarded as a conviction under U.S. immigration law.

If the foreign national has admitted to the crime, even if there was no conviction, he or she will be barred from receiving a visa (this can even occur during the medical exam preceding the consular interview if the unwitting applicant admits to prior substance abuse or some other crime).

Contact us in Bangkok!

Bangkok, Thailand +66 (0)8 4724 3192

Skype: FrontierLegal

Email: Info@Frontierlegal.com