214(b)

How To Obtain A Visa After 214(b) Denial

by

A 214(b) denial means the U.S. consular officer believes you did not sufficiently demonstrate eligibility for a nonimmigrant visa. Essentially that you do not intend to return to your home country after your visit. This is common for B1/B2 (tourist/business), F1 (student), J1 (exchange visitor), and other temporary visas. However, we have successfully helped many applicants secure visa approvals after a Section 214(b) denial.

These are the most common reasons for a denial under INA §214(b):

  • Weak Ties to Home Country
  • Poor or Inconsistent Interview Answers
  • Lack of Strong Purpose for Travel
  • Suspicion of Immigration Intent
  • Past Visa History or Red Flags

We have been able to overcome many 214(b) refusals. Here are some recent examples of our successful cases:

1. Student Visa (F1) – China

A student from China was denied an F1 visa because the consular officer was convinced she would not return home. She sought our help and we helped her gather strong evidence and prepared her for the visa interview and her F1 visa was approved.

2. B1/B2 Tourist Visa – India

An Indian national applied for a B1/B2 visa three times on his own which were all denied due to inconsistencies in his previous visa applications. After carefully reviewing all his previous visa applications, we were able to explain and clarify these inconsistencies and get visa visa approved

3. J1 Exchange Visitor – Norway

A research scholar whose J1 visa was denied due to “unclear program objectives” and weak home country ties asked us to step in and help with his visa application. We worked with his program sponsor to better describe the program objectives, clarified the issues with the Embassy, and provided strong supporting documents to support his second J1 visa and his J1 visa was approved.

4. Business Visa (B1) – Philippines

A corporate manager applied for a B1 visa to attend a US conference but was denied due to his vague answers and weak documentation. We were able to craft a convincing case and did mock interview to prepare him for the actual visa interview. He was well prepared with all of the documents and clear answers of his purpose and his business. As we expected, his B1 visa was approved.

5. Older Parent Visiting US Children – Pakistan

An elderly mother of a US green card holder was denied due to concerns she might overstay. Due to a miscommunication at the visa interview, the Consular officer believed that she was going to stay more than 6 months. We worked with the Embassy and the client to clear the doubts the Embassy had. We were able to convince the Embassy that the client will not overstay. The Embassy agreed with us and issued the visa. The client only stayed for three months and returned home on time.

Have You Been Denied a US Visa? Contact Us Today

If you have been denied a US visa, you still have options. Time is critical and acting quickly can improve your chances of success. Contact my office immediately at 305-515-0613 or info@messersmithlaw.com for a consultation. We have extensive experience helping individuals fight visa denials and regain their ability to enter the US.

214(b) Visa Rejection

by

If a consular officer finds you are not eligible to receive a visa under U.S. law, your visa application will be denied, and you will be provided with a reason for the denial.  There are many reasons a visa applicant could be found ineligible for a visa.  A list of these ineligibilities can be found here.  Some ineligibilities are temporary and pass after a certain number of years and others are permanent.  If you are inadmissible to the US because of an ineligibility, we can help you with a waiver or help you overcome the ineligibility determination.  If you are refused a visa under section 214(b), it means that:

  • The consular officer did not believe that you qualify for the nonimmigrant visa category you applied for; and/or
  • The consular officer did not believe that you overcame the presumption of immigrant intent 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.)

Although a 214(b) isn’t a permanent ineligibility, there is no appeal process and it can significant impact your future visa applications.  Fortunately, there is a solution and we have helped many visa applicants overcome a prior 214(b) refusal through a new visa application.  This can be done by providing new application documents and being thoroughly prepared for your next visa interview.  Multiple 214(b) denials are very hard to fix so preparation is key.  If you want to give yourself the best chance of success, we are here to help and we have successfully helped thousands of people win their complicated immigration cases.