Visa Denials 214(b) and 221(g)
US Visa Denied under INA 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 non-immigrant Tourist Visa or Student Visa, an applicant must meet certain requirements, particularly 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.
Visa denial under Section 214(b)
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?
Visa fee refund
The visa processing fee is nonrefundable 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.
US Visa Denied under Section 221(g)
221(g) is a section of the Immigration and Nationality Act and it simply means the consular officer is not satisfied with the quality or quantity of the documents you have submitted to prove your relationship to the US citizen petitioner. The officer might consider your evidence to be lacking in substance or honesty to prove that you have a bona fide relationship. This may happen at the interview where the officer discovers an issue or red flag that the applicant was unable to satisfactorily overcome. Cases issued 221(g) or blue sheet have a limited amount of time to submit additional evidence before the case is sent to USCIS with the recommendation for revocation of the I-129F approval.
In some instances, we will be able to prove up your case to the consular officer and ultimately get the visa. This will depend on the facts of your case.
If you were given a 221(g) denial with this verbiage: “Your petition has been returned to the USCIS Service Center for review and possible revocation,” then your case may no longer be at the consulate and possibly on its way back to USCIS for revocation.
The consulates are not supposed to deny a case based on evidence that USCIS considered when it approved the I-129F petition, as the consulate is not empowered to deny or revoke the approved I-129F. However, they may recommend to USCIS that the evidence submited and the personal interview illustrated strong discrepancy to indicate a possible sham marriage or fraud entered into to circumvent US Immigration Law. If USCIS is convinced then it will revoke the fiance petition I-129F, otherwise it might return it to the consulate for a second interview. Please note that USCIS will not return the case to the consulate without compelling evidence from the American petitioner requesting this reconsideration.
