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Visa Refusals under Section 214(b) of the Immigration and Nationality Act

Visa Refusals under Section 214(b) of the Immigration and Nationality Act

Under Section 214(b) of the Immigration and Nationality Act (INA), applicants are presumed to be intending immigrants unless they credibly demonstrate, to the consular officer’s satisfaction, that their economic, family, and social ties outside the United States are strong enough that they will depart at the end of their authorized stay and that their intended activities in the United States will be consistent with the visa status.

If your application for a visa has been refused under Section 214(b) INA, there is no appeal process.  While you are not prohibited from reapplying for a visa, unless you can show credible, new, and compelling ties outside the United States, and that your intended activities in the United States are consistent with the visa class, a different outcome is unlikely.  If you decide to reapply, you must schedule a new interview and pay a new MRV application fee.  Please visit https://ais.usvisa-info.com/en-gb   for further information and assistance.

  • Refusals under Section 212(a) of the Immigration and Nationality Act

    Refusals under Section 212(a) of the Immigration and Nationality Act

    • The visa interview is not primarily document based. Consular Officers are trained to focus on the relevant issues during the interview which often means the process is short. A few targeted questions together with the answers on the visa application form completed by the applicant are often all that is required to make a decision.

      Applying for a visa is not primarily a document-based process.  The main issue in determining if an applicant qualifies for a visa is intent, and documents alone cannot establish intentions.  Officers refer to documents only if they can provide additional insight into the case. The application form, if completed thoroughly, contains the information needed to adjudicate the visa.  If additional documents are required, the officer indicates that during the interview. It is the interview that is the most important part of the officer's decision.

      Applicants must satisfy the interviewing consular officer that they are qualified for the visa and that they will depart the United States at the end of their authorized stay.  The main issue in determining if an applicant qualifies for a visa is intent and documents alone cannot establish intentions.  The consular officer uses the interview to determine the intentions of the applicant and in doing this considers the applicant’s family relationships, employment, education and prospects in the United Kingdom together with other factors, including travel patterns to the United States. 

      Strong ties differ from country to country, city to city, individual to individual.  For those applicants who do not have a permanent residence in the United Kingdom, it is often a question of time and the best way to qualify for a visa is to reside in the United Kingdom for a longer period of time and to build further social and economic ties here.  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.

      There is no specific period of time you are required to wait before you reapply. We do, however, recommend that you think about your situation before scheduling a further interview. Unless your circumstances have changed considerably, it is not likely that you will be able to establish your eligibility for the visa. Often it is a question of time and the best way to qualify for a visa is to reside in the United Kingdom for a longer period and to build further social and economic ties here.

  • Refusals under Section 221(g) of the Immigration and Nationality Act

    Refusals under Section 221(g) of the Immigration and Nationality Act

    • Section 221(g) prohibits the issuance of a visa to anyone whose application does not comply with the provisions of the Immigration and Nationality Act (INA) or related regulations.  Please be advised that, for U.S. immigration law purposes, including ESTA (see https://esta.cbp.dhs.gov), this decision constitutes a denial of a visa. 

      If your application for a visa has been refused under Section 221(g) INA, you will have been provided with a letter explaining the steps you are required to take. Please review this information carefully and follow the instructions.

      If your application has been refused pending additional administrative processing, you can monitor the progress of your application on-line by clicking on this link. The website is updated three times a week, on Monday, Wednesday and Friday. We will not respond to status of case inquiries through this email address.

  • Still have a question?

    Still have a question?

    • If after reading the above, you still have a question concerning the refusal of your visa, please contact us.