Saturday, 31 October 2009 10:23
By US Embassy
United States immigration law is very specific as to when a non-immigrant visa can be approved. Applicants must be able to demonstrate that they will leave the U.S. after a temporary stay, and that their activities will conform to the type of visa for which they are applying.
The consular officer will evaluate your case as a whole, including your family status, your employment, your previous travel, and the ties you demonstrate to your country of residence.
Although all cases are different, officers apply the law in a uniform manner given the information you provide. Decisions are consistent from officer to officer. If the officer determines that an applicant does not demonstrate that they will leave the U.S. after a temporary stay or that their activities will conform to the type of visa for which they are applying, the officer will deny the visa under section 214(b) of the U.S. Immigration and Nationality Act. They may also deny the visa if you do not provide sufficient proof of your strong anf significant ties to your country of residence.
On the other hand, every applicant found qualified by the consular officer will be issued a visa. There is no daily quota for issuing tourist visas; we don't "run out" of visas.
What does it mean when my visa application is denied under 214(b)?
Section 214(b) is part of the U.S. Immigration and Nationality Act. It states that “[e]very alien shall be presumed to be an immigrant [to the United States] 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.”
The most frequent basis for visa refusals under 214(b) is the requirement that the prospective visitor or student possess a residence abroad which he/she has no intention of abandoning. Applicants prove the existence of such a 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. It is incumbent upon you, the applicant, to bring proof of your ties to your country of residence.
Strong ties differ from country to country, city to city, individual to individual. Some examples of ties can be a steady job, home ownership, immediate family that will not be traveling with you to the United States, bank accounts and local investments. "Ties" are the various aspects of your life that bind you to your country of residence: your possessions, employment, and social and family relationships.
During the visa interview, our 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 applicant’s specific intentions, family situation, 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.
A denial under section 214(b) does not mean that you are permanently ineligible for a visa to the United States. You can reapply at a time in the future when you can demonstrate stronger personal, professional, and financial ties to your country. Unfortunately, some applicants will not qualify for a non-immigrant visa, regardless of how many times they re-apply. Please also note that just because you received a U.S. visa in the past does not mean you will automatically be issued a new visa. You are still required to prove all of your ties to your home country regardless of whether it is your first or your fifth visa application. Also, when applying for minor children the PARENT or LEGAL GUARDIAN must provide his or her proof of ties. Children are not issued visas simply because their parents have visas. Where can I find information about applying or reapplying for a non-immigrant visa?
We would like to remind readers where to find accurate information about non-immigrant visas, including how to apply for visas, helpful tips on what to bring, and where to find the required forms.
To make an appointment you must first fill out a visa application on the Embassy’s website at http://barbados.usembassy.gov/visas_to_us.html. There is a wealth of information available there, and we update the website frequently. There are many useful items on the site, including information regarding application fees for visas, fingerprint requirements, and step-by-step instructions that will guide you through the visa application process. These instructions include links that provide more specific details and answers to many frequently asked questions.
Persons seeking a visa appointment must provide a valid passport number and must complete and print out an online visa application form (DS-156) in order to make an appointment request. Completing the application form generates a code number that is required by the appointment system. The completed and signed application three-page DS-156 form must be brought to the interview. Persons who do not have access to the Internet should enlist a friend or family member to assist them with making an appointment online. All non-immigrant visa interview appointments are scheduled online.
Applicants should remember to tell the truth during the interview and on the application. The application form is a legal declaration and the bedrock of the visa interview. When an applicant signs the application, he is affirming that all the information on the form is true and correct. The applicant should carefully review the information for correctness.
We encourage all applicants to gather as much information about the visa application process prior to the day of their appointment to ensure they are prepared for their interview. Be sure to bring all of the proof of your ties to your country of residence, and make sure that the documents are recent. A bank statement from six months ago is useless to the consular officer.
Any further questions about this, or other Consular and travel topics can be found at our website at http://barbados.usembassy.gov.