It is well known that most of the denials received by visa applicants for nonimmigrant visas are classified under section 214(b) of the Immigration and Naturalization Act (INA). Guided by the U.S. immigration law, it is important to note that all applicants for non-immigrant visas to the United States are initially considered by consular officers of the embassy to be potential immigrants. Therefore, it is necessary to prove by each Applicant that he/she has no immigration intentions. The exceptions in this case are the “dual intent” visas H1, L1 and the fiancé/fiancé K1 visa.

An applicant whose application for a non-immigrant visa is refused by a consular officer receives a standard written notification of refusal, stating the reasons for refusal. Usually these reasons are motivated by the lack of strong ties with the home country, inconsistency of the visa classification with the stated purpose of the visit, etc. In fact, the real reason for refusal may be quite different…

Based on years of experience in this area and after analyzing and studying the grounds for refusals of this kind, we have compiled an approximate list of reasons for visa refusal, which in one way or another really correspond to the grounds for refusal of a visa under Article 214(b). The most popular of these are as follows:

  1. Lack of ties to the Applicant’s home country. This category usually includes Applicants who are unmarried, have no children, live in an area with a low standard of living, do not own real estate, have no permanent place of work (study), have low wages without having any additional sources of income.
  2. Uncertainty of the Applicant during the interview at the Consulate. This position is a very important factor in obtaining a visa and is directly related to successfully passing the interview with a consular officer. At the interview, special attention is paid to general behavior of the Applicant, how sincerely he answers the questions, his reaction to provoking questions, his style of dress, facial expression, look, hesitation in answering, disagreement in answers to the questions and information contained in the application form, nervousness – all this is weighed in evaluating the Applicant’s intentions, the degree of trust to him and, eventually, his compliance with visa requirements.
  3. Lack of financial means to support travel to the United States. In any case the applicant must prove to the consular officer at the interview that he/she has sufficient income to cover all expenses during the stay in the United States, as well as that he/she will not be working illegally in the country. If, for example, the purpose of the Applicant’s trip is for medical treatment in the United States, the Applicant must be financially solvent to pay for medical services from personal funds, or from his sponsor’s funds. Opening bank accounts with large sums of money just before applying for a visa, for medical purposes, can cause suspicion that the funds do not belong to the Applicant, and formed from other people’s funds in order to provide false information to the embassy. All sponsorships must originate solely from the Applicant’s relatives, or be substantiated by serious documents and commitments with respect to a sponsorship from a person who is not a relative. Otherwise, an unsupported statement from the sponsor may result in a denial of the visa under section 214(b), with reasons of doubt as to the sponsor’s true intentions.
  4. Misunderstanding of facts or parts of U.S. immigration law by a consular officer at an embassy. This provision deals more with errors by consular officers in reviewing visa applications. These mistakes are absolutely real and, in most cases, are related to severe lack of time and resources of the consular officers regarding the analysis and verification of the information provided by the Applicants. Some refusals are related to unfortunate mistakes of the consular officers in determining, for example, the profession of the Applicant, as there is a typical mismatch of professions and positions held in the Applicant’s country and in the United States (for example, the owner of a cargo transportation company, who works for this company as a common driver, can be mistaken for an ordinary driver).
  5. Applicant has previously immigrated relatives to the United States. If the applicant has previously immigrated relatives in the United States, he or she may be denied a visa. The fact of having a close relative in the United States may adversely affect the visa, as this fact suggests an ulterior immigration intent of the applicant. Or, if the relative in the United States has legalized in a suspicious way (e.g., arrived on a tourist visa and sought asylum in the United States), a consular officer at an embassy may mistrust such an Applicant and decide to deny the visa. Consular officers often check how the applicant’s relative came to the United States and how he or she became legalized, and make a decision based on this. For example, if a J1 visa holder gets married to a U.S. citizen while in the United States, the relatives of such “offender” will have big problems with getting further visas to the United States. Applicants who have relatives who went to the U.S. under the Green Card lottery are often denied visas as well.
  6. The incentive to return home from the United States at the end of your trip (visa validity period). If the entire family intends to travel to the United States and is applying for a non-immigrant visa, there is a high probability that not all family members may obtain visas in this situation. The rejected family members remain “on bond” in their home country, and the visa-eligible family members have an incentive to return to their home country from the United States in a timely manner.
  7. Lack of or insufficient number of trips to countries with high social status (for example, Schengen Agreement countries). In some cases, the availability of a Schengen visa or a visa to the United Kingdom may work in the Applicant’s favor and a visa may be granted. Experience of travelling extensively in Europe reflects the availability of sufficient funds at the Applicant’s disposal. The fact of returning to one’s home country with the actual possibility of remaining in a European country further demonstrates that there are ties to the Applicant’s home country.
  8. Application for the Lottery (Green Card). Although most consular officers do not attach much importance to the application for the Lottery, some of them take it into account, which may result in a visa denial.

Prolonged presence (even in the case of an extended stay) in the United States on a previous non-immigrant visa. A consular officer may presume that the applicant is no longer in his home country because he is working illegally in the United States.

Change of status while in the United States. While it is legal to change one’s status within the United States, and the INS may approve the change, the U.S. Consular Section of the U.S. Embassy does not favorably advise a change of status within the United States without probable cause. It is not uncommon for a person who has changed status in the United States to be denied a visa when they return to their home country and reapply for a visa. It should be noted that a change of status in the United States theoretically implies concealment of the true intentions of the applicant during the interview in the consular department and, as a consequence, mistrust in such an applicant and doubt in the sincerity of his intentions. An example may be the situation when the applicant receives a tourist visa for the purpose of tourism, and upon arrival in the country changes the status to F1 or others.

The reason for refusal of F1 student visa may be such factors as:

  • The Applicant’s intention to study at a little-known educational institution;
  • Lack of direct reasons for the applicant to study at a particular educational institution in the United States;
  • Lack of economic ties to the Applicant’s home country, which would require a steady income to fund the education;
  • Applicant’s intent to enroll in courses of study which are markedly different from his/her principal education (if any);
  • enrollment in an institution where the disciplines to be studied are not of applied importance in the Applicant’s home country;
  • if the age of the applicant does not match the student age of the applicants (over 30 years old). As an exception – an internship;
  • If the applicant had already been studying in the USA on a student visa and had insufficient academic performance, or had poor attendance during his studies (which may indicate that the applicant worked illegally in the United States and the category of his visa did not correspond to the declared purpose of his visit to the USA);
  • Insufficient knowledge of the English language.

Spouses and children of F1 student visa holders. In this case, the visa refusal is formed according to the article 214(b), and the basis for visa denial is the actual departure of all family members (especially those who can be directly considered the sponsor of the student). For example, parents with respect to a son who is in the U.S. for training.

Suspicion of fraud by the Applicant, as well as failure to comply with U.S. Embassy requirements for the visa application and supporting documents. Although the U.S. Embassy may seem overly formal or inappropriate in requiring certain documents from visa applicants, due to the high percentage of applicants who submit fraudulent documents to the consular section, failure to comply with consular requirements will generally result in the denial of a visa under section 214(b). The consular officer may have doubts about the authenticity of the documents submitted by the Applicant (bank account statement, certificate of employment, etc.), but he does not have time and opportunity to get into all of this. It is much easier to deny a visa under Article 214(b) than to start an investigation to make a decision under Article 212(a)(6)(c).

Previous visa denials, as well as no significant change in circumstances since the denial. Often a consular officer will deny a visa a second time, citing the lack of a substantial change in the Applicant’s circumstances since the previous denial. This also occurs if the applicant applies for a visa a short time after the previous refusal and, at the same time, presents new evidence of his nonimmigrant intentions. In such cases, the first question of the consular officer is the following question: “What has changed since your last application…?”. There is a widespread belief among applicants who have been denied a visa that if they change the purpose of their trip, their chances of receiving a visa will improve. This belief is completely erroneous. Such actions reduce, and sometimes completely eliminate, the possibility of obtaining a visa to the United States.

Applying for a visa at a diplomatic mission in another country/region, or submitting a new application to a diplomatic mission in another country/region after a visa is denied at a consulate in the country of citizenship. Applying for a visa at a diplomatic mission in another country or region does not give any advantage (unless it is absolutely necessary) and can only decrease the applicant’s chances of obtaining a visa.

Suspicion of complicity. In case the consular officer discovers serious misconduct of one of the Applicants of the group (cheating, falsification of documents, etc.), he can refuse the visa not only to this Applicant but also to all other members of the group. Such situation usually takes place when applying for group visas, for example, for the purpose of visiting sports events or holding official sports competitions.

Intent to enter the United States for the purpose of having a child, on a visa that does not match the purpose of the stay (e.g., B1/B2 visa). The purpose is attractive because it allows the foreign national to obtain U.S. citizenship for his or her newborn child. Such acts are not prohibited, but they are not permitted under United States law either. Thus, taking all of the above into account, the vast majority of consular officers deny entry into the United States to pregnant women.

If the applicant, previously on an irregular visa, gave birth to a child in the United States. The grounds for refusal in this case may depend on the sequence of events that occurred before the visa application, during her stay in the United States, and during the postpartum period. The ultimate result depends on whether the applicant was pregnant before she applied for a visa, whether all medical bills relating to childbirth were paid, and who paid those bills.

This situation is considered by the consular officer from the side of whether the applicant concealed the true reason for traveling to the United States when applying to the consulate for a visa. If this fact is revealed, it may result in loss of credibility of such applicant and subsequent denial of visas under Art. 214(b).

Doubtful invitations. If the inviting party has no direct relationship with the applicant, or does not have any relationship at all, the invitation and the actions of the applicant may cause serious doubts to a consular officer as to the legality of the trip and the actual purpose of the visit. Certification of the invitation by the notary does not change the essence of the relationship between the inviting party and the invited person, and therefore, in case of detection of fictitious intentions of the parties and the invitation, in particular, sponsor’s guarantor6on category. The presence of registered applications for a visa of immigration category automatically confirms to the consular officers of the Embassy doubts about the non-immigration intentions of the Applicant.

Applicant’s current or rejected immigrant visa applications/applications. A registered immigrant visa application may result in a denial of a nonimmigrant (e.g., tourist) visa due to the Applicant’s clear immigration intentions.

Presence of a current application for immigration to another country. If the Applicant’s immigration application is pending at the diplomatic office of another country, such as Canada, and yet the Applicant is applying for a visitor’s visa to visit the United States, the Applicant may be classified as at high risk of remaining in the United States illegally.

The flexibility of section 214(b) of the Immigration and Naturalization Act represents a unique act of U.S. immigration law. As noted, many of the reasons listed have no real basis in fact and, some, are prohibited by special legislative provisions of the U.S. Department of State.