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understanding the 214(b) visa denial

04th October 2011
By Ben Singkol in Immigration Law
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The US is attractive not only for immigrants but also for tourists as well. The different States have various tourist destinations, waiting to be explored. If you plan to visit the US, make sure that you acquire a US visa. All foreign nationals will need a visitorís visa when going to the US. However, not all applicants will be approved.

US visa application for visitors is not that simple for countries that have high rate of immigrants in the US. In most cases, US consuls would assume that the applicants are immigrants. Since this is the case, the applicant has the burden to prove otherwise. If you do not provide enough evidence of your intent to return to your country, your visa application will be denied under the 214(b).

Certain applicants will normally get an approval when applying for a visitorsí visa. Those who are aged 60 and above and have travelled in other countries will have a higher chance of travelling to the US without any problem. It would also help if they have a house, a family and a business in the country. Such circumstances are strong evidence that the visa applicant will definitely return to their home country.

The odds will not be in your favor if you are younger, unstable job, unmarried or widow/widower, you have lost your passport and if you are involved in certain court cases. This would give the consul an impression that you are trying to avoid your problem or you are going to stay in the US unlawfully. If you have an unstable job in your home country and you are young, it is very easy to assume that you are moving to the US for a better life.

How to prove that you are returning home?

There are many ways to convince the consul that you are going to return home. However, this will vary depending on your country. You can convince the consul that you will return home if you can present proof that you have good financial standing in your country. You may present different financial statements from your bank accounts.

You can also convince them that you have plans of returning home if you have a stable job and you are actually earning a good sum each month. This would entail that you have a stable source of income here. Owning a house will also be a strong evidence of your intent to return home.

However, the visitorís visa is not for everyone. If youíre actual purpose of visiting the US is to find work and to hopefully acquire a visa that will extend your stay, then the visitorís visa is not for you. You can try to apply for a US work visa instead. Make sure that you have all the requirements you need to ensure that you will be accepted. One of the best ways to acquire a work visa is to find an employer who will be willing to sponsor you.

If your visitorsí visa is rejected, you can apply for a motion for reconsideration to the same office the denied you the application. When you apply for a motion for reconsideration, study your past application first. Understand the reasons why it was denied. You can talk to an immigration lawyer to help you. Just make sure that you present new and stronger evidence that you intend to return home after your visit in the US.

214 Denials over the net: Articles you need to read

There are plenty of resources over the net which will direct you on how to deal with the rejections, and some are even experiences on the visa applications. These should be able to give you good knowledge on the different rejection causes. Although some are mentioned above, there are infinitely many different causes which may trigger the rejections. Always read the up to date posts and forums. They are very helpful. The 214b visa is generic visa type for the US and they will be dealt upon with great importance by the internet community.

Why there are so many rejections?

Over the articles that I have read, it seems that a number of rejections are based on subjective reasoning. The US immigration offices and consulates have the right t reject every applicant whenever they see it fit. These are all legitimate and are provided in the risk with the visa applications. The US government tries to control the number of visitors they have for the year, this is to fight against security risks and illegal residents in their territories. These have been increasingly worrying them for the past years.

Visa rejections are no legal matters

The visa rejections are no legal matters. This is not to be dealt with in legal courts as it is the sole decision of the US immigration. You can only re do your application and petition your application for another application. Note that each rejection has to be re-applied in the same consulate. There are no exemptions to the rules.

Hiring consultants and immigration lawyers

Note that immigration lawyers are not here to fight and deal with the legality of the rejection. Again, this is no legal matter. No courts can undo visa decisions, not in the US where you wonít have any allies, nor in your country where you do not have any jurisdiction in US consulates as it is considered US category.

Will you be able to hire assistance? Yes, you do have the option to do these, hire immigration lawyers and Consultants to help you with the application but they cannot guarantee of any grants. They are just for assistance. Immigration lawyers can deal with the appearances if the Immigration offices allow it, they can represent you for the applications but you have to make personal the interview. This has been a long coming policy which nobody expects to be broken. Not unless you are very influential, this is highly unlikely. The US is o proud for this, but if you are a diplomat or a son of any president than they might try to listen.

Well, good luck about the application and we certainly hope that you get the visa grant on your next couple of tries.

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