Refusals

214(b)

We adjudicate each visa case individually in accordance with U.S. law to determine each applicant's eligibility. Because of this case-by-case method, the reason why an applicant is ineligible for a visa is quite specific to that applicant's individual circumstances. Applicants receive a written explanation concerning their visa ineligibility and what they may do, if anything, to overcome that ineligibility.

214(b) Section 214(b) of the United States Immigration and Nationality Act states that: "Every alien 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, that he is entitled to nonimmigrant status" This means that each visa applicant must convince the Consular Officer that he or she intends to return to his or her home in India following a temporary stay in the United States, that his or her financial situation is such that he or she can afford the trip without having to seek unauthorized employment in the U.S., and that the travel is for legitimate purposes permitted by the applicant's visa category.

Applicants are ineligible under section 214(b) because the applicant has failed to overcome the presumption of U.S. law that he or she is in truth an intending immigrant and is not a qualified nonimmigrant.

Applicants overcome this presumption of immigrant intent by showing that their overall circumstances, including social, family, economic and other ties to India, will compel them to leave the U.S. at the end of a temporary visit or study. "Ties" are the various aspects of life that bind you to India, such as your family relationships, employment and possessions. In the case of younger applicants who may not have had an opportunity to establish such ties, U.S. law considers educational status, school grades and long-range plans in India. As each person's situation is different, there is no single criterion that shows compelling ties to India.

Section 214(b) ineligibilities are not permanent. If you have new information or if your overall circumstances have changed significantly, you may reapply. Refusals (continued)

One common misconception about section 214(b) ineligibilities is that qualifying for a visa is just a matter of providing more documents. A visa decision is not simply based on documents; rather your own current situation was inadequate to show why you must depart the U.S. All documents listed in our telephone message or on our website are suggestions that allow both you to apply for a visa and us to make a proper decision, but no document or information guarantees visa eligibility. U.S. law requires each applicant to qualify for a visa in his or her own right, so a guarantee letter alone is insufficient.

Many applicants send us letters from relatives in the U.S. or other information that they believe will help them be eligible for a visa. All materials must come with an application. We cannot store them and later match them up with an application.

Some students are confused when, after presenting a Certificate of Eligibility for Nonimmigrant Student Status (I-20) from their chosen school in the U.S., they are ineligible for a student visa. Just as with visitors, Section 214(b) requires students to show that they must leave the U.S. after they finish their studies. An I-20 is one of several documents that allow you to apply for a student visa, but cannot guarantee your eligibility. Students may be ineligible if it appears that the visa applicant's primary purpose is not to obtain an education that will advance their life in India, but will facilitate an indefinite stay in the U.S. for themselves or their family.

Some ineligible applicants seek help from a visa consultant. If you do decide to hire a consultant, remember that you alone are responsible for the accuracy of the information in your application.

Once an officer has determined that an applicant does not qualify for a visa, the applicant should not re-apply unless there are significant changes in the case or the applicant's circumstances which were not presented during the first interview. If you believe that you have new compelling evidence not presented in your first interview, you may re apply after 3 working days. Applicants are permitted to reapply, but those applicants providing the same information a second time after a previous refusal will be highly unlikely to succeed in obtaining a visa during the second interview.

Time and staffing levels and do not permit officers to take phone calls on behalf of visa applicants.