214(b) Refusals (NIV)

On August 28, 2012, in Nonimmigrant Visas, by Admin

Applicants who do not qualify for a nonimmigrant visa will receive a blue letter from the consular officer at the end of the interview. This letter indicates that you do not qualify under Section 214(b) of the Immigration and Nationality Act.

This law states, in part, that every applicant for a nonimmigrant visa “shall be presumed to be an immigrant until (s)he establishes to the satisfaction of the consular officer, at the time of application for a visa, . . .that (s)he is entitled to nonimmigrant status.” This statutory presumption of immigration may be overcome by demonstrating sufficiently strong familial, social, professional, and economic ties to a country outside the United States that would compel return after a temporary stay in the United States.

Ties are various aspects of your life that bind you to your country of residence, like your profession, employment, social and family relationships, and properties. All of these factors are considered in the process, and U.S. immigration law requires that the visa application be refused if these strong ties are not apparent.

If the consular officer determines that you are not qualified for a visa under 214(b), you cannot appeal this decision or receive a waiver for your ineligibility. If you feel that you do qualify under the law, you may reapply and speak to a different consular officer. Please note, however, that all consular officers apply the same immigration law to their decisions.

For more information, see our blog post “Social, Family, and Economic Ties.”

6 Responses to “214(b) Refusals (NIV)”

  1. hope i can migrate soon thanks for and info more power..

  2. Jun Frias says:

    US embassy denied my sister from reuniting with all of us 10 siblings because of a typographic error in her birth certificate from the Philippine Census. How can we have this corrected? My mom offered a DNA testing but was denied as well. Really unfortunate that US would not re-consider that option.

    • VISAtisfied Voyager says:

      For specific information regarding your visa case, you may contact the Immigrant Visa Branch during normal business hours at telephone number (63)(2)301-2000 extensions 5184 and 5185. You may also send an email to IVManilaReplies@state.gov, with the complete name of the applicant and the 10-digit visa case number clearly indicated.

  3. Nora says:

    And even if you established that you have stable income in the Philippines but single chances are you will still be denied, , well there are about 10,000 illegal staying filipinos in the US all on tourist visa all approved by the consular officers in Manila :)

  4. Grace says:

    Hi! My friend’s parents went to the US on visitor visa but an employer sponsored his dad and he is now holding working visa. WIll that affect the consul’s decision to approve or deny visa application? My friend wants to visit them esp that his mom is sick and may not have many years in her life…My friend has a stable job here in the Phils and has definitely no intention of staying in the US. Thanks and hope u can share some insights..

    • NIV2 says:

      Grace, every applicant must qualify on his or her own merits. In evaluating applications, consular officers will look at each application individually and consider the applicant’s travel plans and ties outside the United States that will ensure departure after a temporary visit to the U.S. To qualify for the visa, your friend should be able to demonstrate sufficiently strong familial, social, professional and economic ties to a country outside the United States that would compel return after a temporary stay in the United States. Ties are various aspects of one’s life that bind one to his/her country of residence, like one’s profession, employment, social and family relationships, and properties. You can refer to the Nonimmigrant Visas website for information on how applications are evaluated. Thank you.

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