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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
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Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Questions about Section 214(b) Rejection

Section 214(b) of the Immigration and Nationality Act (INA) deals with nonimmigrant visa applications for those who wish to get a visa to the U.S. If someone is denied a visa under section 214(b) it may mean one of two things: The applicant has not adequately proven to the consular officer he or she qualified for the nonimmigrant visa the applicant applied for or the consular office presumes applicant wants to immigrate to the U.S. and the applicant has not overcome this presumption by adequately showing he or she maintains strong ties to his or her home country, as required by law. Listed below are a few commonly asked questions about section 214(b).

If someone with very strong ties to his home country is denied a tourist visa under 214(b), will it adversely affect his chance for obtaining a K-1 or K -3 visa in the future?

While it is unlikely this will impact his future K-1 or K-3 visa application, he may want to wait at least 6 months to apply. Otherwise the consular authorities might feel they were correct to deny the original visitor visa. They may believe this person always had the intent of staying permanently in the U.S. as an immigrant, and when the tourist visa failed to get him through, he immediately applied for immigrant visa. Hence, if he can delay the application for K -1 or K -3 visa for 6 months or so, then the earlier rejection under section 214(b) will probably not affect the next application.

If someone with strong roots in Cameroon is refused a visitor visa to the U.S under 214(b) to visit her children, one of whom is permanent resident of the U.S. and another is a U.S. citizen, how can she overcome the denial? Would it have strengthened her case if her spouse also had been in the U.S.?

There is generally little hope for a reversal of a decision in such a case. If her spouse were living in the U.S. it could weaken her case, since it might be deemed as a reason to be less attached to her home country. With two children already in the U.S. the consulate authorities may tend to believe her intention is to immigrate. The child who is a U.S. citizen might try to get the mother a permanent resident card which would enable her to stay for 6 months in the U.S. every year. As far as the visitor visa goes, it is difficult to get one after a denial, so there is little she can do at this point other than wait for 6-12 months and apply again.

I am in the U.S. on an L-1 visa. My wife's L-2 visa application was denied under 214(b) even though the U.S. embassy checked and validated our marriage. Even after my employer’s legal counsel sent a letter to my country’s U.S. consulate to reconsider the case, there has been no real progress on the matter. What can we do now?

Your attorney could ask for a supervisory review of the case. In case that fails, your attorney could request an Advisory Opinion from the Dept. Of State which in turn will advise the consulate regarding the legal status related to your case. Hopefully, that will solve the problem. However, the embassy has the final say on such matters.

I'm an Indian student and just finished pursuing my MS degree in the U.S. and am working for a company on my optional practical training (OPT) status. My family applied for visas from the Mumbai U.S. consulate to attend convocation but they were denied under 214(b)—potential intent to immigrate. My family is going to Qatar to meet some relatives, and my mom intends to apply for a B-2 visa while in Qatar. Will it help given they were denied a visa in India?

She can try but in all probability it will fail. Her case will be referred back to her home country embassy since the consulates generally prefer not to issue visas to third country nationals. This is even more the case because she has been denied one in her home country. She could be seen as “consulate shopping” because she was refused in India. It’s better if she waits and reapplies alone at the consulate in Mumbai.

I am an Indian citizen with my own proprietorship firm, family, and export license for IT services. I need to visit Virginia to meet my client for a new project and for that I have applied for B-1 visa four times during the last one year. Despite explaining my strong ties with my home country and my client mailing the scanned copy of the invitation with signature on it, the consular office rejected my application under section 214(b). Is there an issue with the client’s credibility or there is something else? What should I do?

It is a difficult situation since you have ample evidence to prove you have strong ties to India and no intent to immigrate. With your family behind in India and a lucrative business running successfully, it is difficult to understand why they are still not convinced. It is true the U.S. embassy in India can be strict and prone to rejecting visas under 214 (b), but there is not much you can do about that. You may want to wait and apply again and this time, hire an attorney to prepare your file.

Rejection of visa under section 214 (b) can be confusing and tricky for the applicant, especially when no cogent and valid reasons are given. One needs patience, and the help of a legal expert may come in handy in navigating the issues and obstacles raised by the consular authorities.

Ask an Immigration Lawyer

Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: General
Satisfied Customers: 34621
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
9200179
Type Your Immigration Law Question Here...
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Immigration Lawyers are Online Now

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Recent 214 b Questions

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