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What does the U.S act say about 214 (b)?
“Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa that he is entitled to nonimmigrant status” stated under Section 214(b) of the United States Immigration and Nationality Act.
In simple terms, it means the visa officer might think you as a potential immigrant if you apply for a nonimmigrant visa. The officer might think your ultimate motive to visit the United States is to achieve the green card and permanently settle there.
To make sure that your visa does not get rejected convincing the visa officer is must in the following:
- That after you have completed your stay in the United States you will return to your home country.
- That depending on having the visa that you applied for your travel is only for an authorized purpose.
- That you have a strong financial fund to support your purpose.
To prove visa officer that you are not a potential immigrant you must mention that once your period of stay in the United States is over you are bound to come back because of the ties you have with your family, the property ties and social ties that you have in your home country.
Whatever information you provide them the visa officer will have a glimpse and decide if you are suitable to receive a temporary visa because they usually have very little time in their hand. So to prove that you will stay temporarily in the United States you should carry all necessary documents along with you to the U.S embassy office. After that, it is up to the visa officer to decide if was convinced by your answer or not. Based on his decision he will either accept you or reject you.
For applicants that are quite young, any sort of ties may not be formed by them at a much younger age due to the lack of chance, the educational status, academic grades and long-term career plans in their home country will be taken under consideration by the U.S law before issuing a 214 (b).
Denial of Students under section 214(b)
The visa officer not only refuses people for business and touring purposes but can also refuse students. Students can be denied visas even after them showing the I-20 form “Certificate of Eligibility for Nonimmigrant Student Status” which they received from their applied university. Under section 214(b) once the students finish their studies they must leave the United States. Your eligibility cannot be guaranteed by I-20 as it only allows you to apply for the student visa. If the visa officer finds out that the main motive of the applicant is to settle in the U.S either with their family or by themselves rather than shaping their career in their native country then student visa will be rejected. To avoid this, you must prove the visa officer that you will leave the U.S once your studies are over and for this, you need to show proof of evidence. Note that if you are rejected the application fee is nonrefundable as it is the processing fee of your visa and not the issuance.
Is a rejection Under Section 214(b) perpetual?
No, it isn’t. You can reapply again if once you had been rejected by the visa officer. If you have proof of evidence and convincing skills this time then the officer won’t be able to reject you again. For reapplication procedures, you will have to contact the embassy and they will let know about it. I then will schedule a new appointment with you regarding your interview date. There should at least be a certain time lapse between the time you were denied your visa the first time and the reapplication of visa for the second time.
No matter how many times applicants reapply, if their financial, personal or professional state of affairs does not improve they won’t be granted a student visa. Unless your situations have changed after the first interview you should not reapply again for the student visa as you will be refused again if you provide the same details like the first time.
If your visa is denied under section 214(b), what should you do?
If under section 214(b) your visa is denied, then you need to think about what went wrong, was the interview a disaster, or were the consular not satisfied with my answers or documents? If you are thinking about reapplying then ponder into these things. Do not rush without correcting your mistakes. That will only cause rejection again and again. It will also be a waste of time and money as you have to pay the application fee each time you reapply.
What you can do is gather strong pieces of evidence that you might have failed to provide the first time. Prepare your interview without nervousness and mainly prove that visa officers that you will exit the U.S once you finish your studies with pieces of evidence.
Interview Preparation for the second time
You have to face an interview by visa officer again once you reapply for the visa. For that preparation is needed so that you are accepted by the consular officer. Answering the questions clearly and concisely will increase the chances of your acceptance.
Practice your answers carefully and think about how the interviewer will react if I said this answer as there may be a negative influence on the outcome arising from bad answers. Don’t exaggerate and tell about your plan of obtaining the green card in the future even if you wish to.
Regarding section 214(b) there are few misconceptions. For example, the more documents you bring the more likely you will be to qualify for the visa. But the fact is that just documents won’t determine the acceptance of visa thought it is important. The more important aspect to focus on is the interview. If your interview goes well and the visa officer feels convinced you will get the visa.
Consultations for visa
After facing rejection even if you consult a visa consultant or a person of high status to help you get a visa it is of no help. Qualifying on your right is what the U.S law requires you to do.
There to be accepted for the non-immigrant visa you should not lie about your family ties, property ties, social ties and professional ties, your main purpose, and your career plans. To prove your lies do not also try and bring the fake document. Chances will be there you might get caught with your lies and document and never be allowed to enter the United States. Therefore, the best is to disclose everything.
Apart from that, if you were rejected for the first time ensure that you concentrate on preparing well for the interview; bring all the relevant documents the second time you face the consular and prove them that after your studies are over you will come back to your home country after all your intentions are the key to consular officer’s decision.
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