Visa appointment and interview tips

What Is Section 214(B)?
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. Consular officers have a difficult job. They must decide in a very short time if someone is qualified to receive a temporary visa. Most cases are decided after a brief interview and review of whatever evidence of ties an applicant presents.

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. During the visa interview consulates 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. Each case is examined individually and is accorded every consideration under the law.

Is A Denial Under Section 214(B) Permanent?
No. The consular officer will reconsider a case if an applicant can show further convincing evidence of ties outside the United States. You should contact the embassy or consulate to find out about reapplication procedures. 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 You Are Refused A Visa Under 214(B) For Lack Of A Residence Abroad?
First, review carefully your situation and evaluate realistically your ties. Write down on paper what qualifying ties you think you have which may not have been evaluated at the time of your interview with the consular officer. Also, if you have been refused, review what documents were submitted for the consul to consider. Applicants refused visas under section 214(b) may reapply for a visa. When you do, you will have to show further evidence of your ties or how your 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? You should also bear in mind that you will be charged a nonrefundable application fee each time you apply for a visa, regardless of whether a visa is issued.