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Section 214(b) Denial Questions

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 ; or, the consular office presumes applicant wants to immigrate to the U.S. and the applicant did not provide adequate strong ties to his or her home country, as required by law.

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 an immigrant visa.

How to reverse a denial of a visitor visa to the US under 214(b) to visit one’s children and should the spouse also live in the US for a better chance?

Case Details: One child is a permanent resident of the U.S. and another is a U.S. citizen.

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.

What can be done if a country’s US consulate will not reconsider an L-2 visa application if the spouse is already in the US on an L-1 visa and the employer’s legal counsel sent a letter?

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.

If an Indian family was denied visas from the Mumbai U.S. consulate under 214(b) to attend their child’s convocation, could the mother apply for a B-2 visa while visiting family in Qatar?

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.

How can an Indian citizen who owns a proprietorship firm, has a family, and export license for IT services in India obtain a B-1 visa to visit a US client after being denied under section 214(b)?

Case Details: The US client mailed the scanned copy of the invitation with a signature on it.

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 or valid reasons are given. The applicant may need the help of a legal counsel to prepare an application. For clear, concise answers to your questions or concerns, ask a legal Expert on JustAnswer. 

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