Dealing with Denials on INA 214(b) – How is your luck?

What is INA 214(b)?

Denials on INA 214(b) is the most common denial at the US consulates. Note that INA 214(b) rarely applies to dual-intent visas such as H1, H4, O visas. However, it is extensively used for B1 visas, B2 visas and F1 visas denials. The law reads:

(b) Every alien 10/ (other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section) 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, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 101(a)(15) . An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288, note], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and su bstance as is prescribed by section 247(b).

INA 214(b) is one of those “mysterious” law which functions on the discretionary power of the adjudicating or consular officer who is actually interviewing the applicant. It is extensively used to deny visas based on the fact that every applicant is “is presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 101(a)(15)”  As such anybody can be found to have an immigrant intent and not be able to prove otherwise. Note that the burden of proof is on the applicant. In simple terms, this means that someone who is applying for this visa has to prove that he or she plans to be leaving the United States once he or she finalizes either her visit or her studies.

What are the officers actually looking for when applying for a non-immigrant visa?

Since the officers are actually looking for ties to the home country or reasons to return back, INA 214(b) issues would have easily be solved by showing a lot of ties to your country. For example, properties owned, a stable job, businesses, work in progress, family members staying behind and other similar evidence. The truth is that in certain cases, even though the person possesses all the attributes, their visas can still be denied. This is why, we always tell the readers that there is no magical way to deal with INA 214(b).

What can you do if you are denied under INA 214(b)?

There are few ways you can deal with a situation of INA 214(b) and the easiest one is probably to re-apply for your visa. Indeed, INA 214(b) does not bar a future application and no waiver is usually required. It is not permanent and you can actually re-apply right away. However, we never advise to re-apply right away. The second option is to have a family member or someone contact a congress person who can actually get involved in the case and as such the congress person might actually help. Then you can re-apply. But you still have to apply again.

The Shah Peerally Law Group’s Experience with INA 214(b)

Having done hundreds of consultations and identified hundreds of INA 214(b) cases, our experience has been that many who actually re-apply after a while on the second or third try end up by getting a visa stamped on their passports. Others who apply on dual-intent visas such as H1 or H4 visas are usually approved because these visas allow an immigrant intent. However, we have seen many cases where people are still being denied on the same on the sixth and seventh attempt. We have also noticed that certain countries have higher approval rates probably because the demand is lower. Unfortunately, there are no statistics released to prove or disprove any of the contentions. As such it is impossible to really advise someone on how to actually avoid a denial on INA 214(b).

The element of luck in the application of a non-immigrant visa.

Yes, you hear me well – luck is a huge factor! Non-immigrant visa applications are dependent on having the right paperwork, applying for the right visa, be ready to answer the questions, telling the truth and ultimately depends on your luck. One of those lucks is probably your country of birth or country of application. It is sad to admit this fact but luck or chance is one of the biggest elements in any non-immigrant visa but more than ever on cases which are denied under INA 214(b).

Therefore we wish all the applicants best of “luck” and should you need help, feel free to contact us at 5107425887 or email [email protected].