What does a visa denial under INA section 214(b) mean?
This law applies only to nonimmigrant visa categories. If you are refused a visa under section 214(b), it means that you:
- Did not sufficiently demonstrate to the consular officer that you qualify for the nonimmigrant visa category you applied for; and/or
- Did not overcome the presumption of immigrant intent, required by law, by sufficiently demonstrating that you have strong ties to your home country that will compel you to leave the United States at the end of your temporary stay. (H-1B and L visa applicants, along with their spouse and any minor children, are excluded from this requirement.)
What are considered strong ties to my home country?
Ties are the various aspects of your life that bind you to your home country. Strong ties vary from country to country, city to city, and person to person, but examples include:
- Your job;
- Your home; and/or
- Your relationships with family and friends.
While conducting visa interviews, consular officers look at each application individually and consider the applicant’s circumstances, travel plans, financial resources, and ties outside of the United States that will ensure the applicant’s departure after a temporary visit.
Is a refusal under section 214(b) permanent?
No. A refusal, or ineligibility, under section 214(b) is for that specific application, so once a case is closed, the consular section cannot take any further action. There is no appeal process. If you feel there is additional information that should be considered related to the visa decision, or there are significant changes in your circumstances since your last application, you may reapply for a visa. To reapply, you must complete a new application form, pay the application fee, and schedule an appointment for a new interview.
Review the website of the U.S. embassy or consulate where you plan to reapply to learn about any reapplication procedures.
Examples of Visa Interview with 214(b) denials
I am a MS student in a well reputed university in US. I am doing RA alongwith my studies and become interested in PhD. My Professor is also in the opinion that I should do Phd. I have to appear in two qualifing exams and if I will cleared that than University will offered me Phd and they will issue I-20.
Now my question is that I have to come to India and face interview again for Phd or my MS visa will be converted to Phd without facing any new interview as I have 5 years visa on my passport.
Any one please help.
If you are in the same university doing PhD, you don’t have any problem.
Hey HSB,
I scored 320 in my gre exam last week. I am in final year( civil engineering) right now with a average score of 62% till 3rd year…. I have done few internships ( 2) with leading construction companies… I want to pursue M.S in structural Engineering….do I have a cahnce in getting into duke university or toronto univ or british colunbia univ or m.I.t….. Please suggest me 5 universities.. please guide me
Hey HSB,
I scored 320 in my gre exam last week. I am in final year( civil engineering) right now with a average score of 62% till 3rd year…. I have done few internships ( 2) with leading construction companies… I want to pursue M.S in structural Engineering….do I have a cahnce in getting into duke university or toronto univ or british colunbia univ or m.I.t….. Please suggest me 5 universities..
anyone please reply….
It is better to say ; I have one of my relatives in US or not …… what should I do please..
No need to say if the VO didnot ask, but do tell the true if the VO ask. Just be honest.
Good Luck