Section 214 (g) of the Immigration and Nationality Act

In2009 and 2010, more than 2 million nonimmigrant visa applicants were denied underSection214 (b)OfThe Immigration and Nationality ActUSLaw places the burden onNonimmigrant visa applicants (except for H-1B and L-1s) toShow that they are not intending immigrants. Nonimmigrant visitor visa applicants (B) must show that they have aForeign residence that they have noIntention ofAbandoning and are visiting the USTemporarily for business orPleasure. Student visa applicants (F) have the additional burden ofShowing they have the qualifications necessary toPursue aFull course ofStudy and the intent toReturn toTheir home country upon the completion ofTheir studies

Applicants refused nonimmigrant visas are handed standard rejection letters stating that the reason they were denied isBecause they lack strong ties toTheir home countries and doNot meet the standards for issuance ofThe visa. InFact, theActual reasonsFor the denial vary greatlyAsIsOften the case, the actual reason may not beALegitimate, valid reasonOver the course ofMany years, weHave compiled aList ofActual reasons used byConsular officers toDeny applicants under Section214 (b)The most popular are

1. Limited ties toHome country These are individuals who are young, unemployed orHave aLow- paying orNew job; have noChildren; are not married; live inRural areas; and/or own noProperty orAssets

And Chinese exist only limited contact. For example:Young,Be unemployed,Low-income,Just for work,No children,Not married,To live in the countryside,No assets.

1. Interview problems The importance ofThe interview cannot beUnderestimated. How the applicant conducts himself; his honesty inAnswering questions; how heIsDressed; reactions; facial expressions; eye contact; hesitation inAnswering questions; discrepancies inAnswers toQuestions and information contained inThe application form; nervousness- all goInto weighing the applicant 'sIntentions, credibility, and eligibility for aVisa

Interview questions.The importance of the interview should not be underestimated.The applicant to express yourself,Honest answer to the question,Be dressed in,Facial expressions,The look in the eyes,Answer the question is,Answer the question is inconsistent,Nervous,These will be used to weigh the purpose visa applicant,Credibility and visa or not.

1. Inaccurate consular understanding ofFacts orLaw Consular mistakes inThe review ofVisa applications are manifold. Officers have limited time and resources; are often deficient inThe local language; and are inadequately trained inAVery complicated area ofThe law

Consular understanding of fact or law error.The consulate may be a lot of mistakes in the interview,Such as the limited time,Not fluent language,The lack of complicated situation in training etc..

1. Fit overstay profile IfThe applicant matches aProfile that validation studies have shown tend toOverstay visas, the applicant isLikely toBeDenied. For example, during the late 1990s, Russians would buy timeshares inThe USAnd use that asAPretext toVisit the US. When several individuals did not return toRussia, the Embassy clamped down onSuch applicants, with both legitimate and not-so-legitimate timeshare owners paying the price with a214 (b)Denial

Overstay.

1. Numerous, long-term visits toThe US/extending status while inThe US AConsular officer may believe that
2. • The applicant isNoLonger residing inHis home country;
   • May beEngaging inUnauthorized employment inThe US;
   • And/or not inThe appropriate visa status

ItIsUsually the case where the applicant indicated aBrief planned visit toThe USInThe initial application. ByStaying for aProlonged period ofTime and indicating aShort planned visit inThe subsequent application, the issue becomes one ofCredibility more than the above-mentioned factors. This problem frequently arises for grandmothers and grandfathers who spent substantial time inThe USVisiting and helping out with aNewly-born grandchild and are denied visas because they have spent too long, inThe opinion ofThe consular officer, inThe US

A large number of,Long term to the United States,Or in the United States had postponed.The consulate will think1The applicant is not living in the China2May engage in illegal labor3Not in the appropriate visa status.

This situation often occurs in the first show to America is a short planned visit,And then for a long time.Then apply again in the future,Because of the above reasons are suspected of credibility will be.Many grandparents to America care(Outside)Grandson/Will encounter this problem when women,Because the consulate that they spent too much time on American.

1. Indicating aProlonged visit inApplication ACatch-22 situation arises when anApplicant indicates anIntended prolonged visit inThe initial application. InThe above situation, the applicant received the initial visa byNot being truthful and later paying the price; conversely, indicating the truth inThe initial application may prompt a214 (b)Denial

That long stay.If the visa application that will remain for a long time in the American,Will be refused.

1. Change ofStatus inThe US Notwithstanding USCIS approval ofAChange ofStatus, aPerson returning toHis home country toReceive aNew visa after changing status often isDenied aVisa. AConsular official may feel deceived, that the applicant 'sTrue intent atThe time ofThe first application was toChange status. For example, the applicant stated that hePlanned toVisit the USFor tourism purposes and then upon arrival, changed his status toH-1B

Change the identity in the America period.Buddha America tourism identity,Then changeH1B,Return visa may be refused.

1. Student-specific problems Consular officers often deny students because
2. • OfPlanned enrollment inACommunity college orA"Non-brand university name";
   • Lack ofAdult-likeEconomic ties toTheir home country;
   • Enrollment inPerceived non-career enhancement courses (e.g., aWriter who enrolls inABusiness management program);
   • Enrollment inAProgram with little practicality inThe home country;
   • Applications ofOlder students (over the age of30.
   • And aPerceived poor track record while inThe States (e.g., poor grades orPoor attendance onAnInitial F-1 visa;
   • Inadequate progress inThe English language while located inThe USFor aSummer WORK-TRAVEL program)

      Student related issues.

       For the community university or not well-known university;

       The lack of economic ties between the firm and the motherland;

       Sign up for a no learning in the curriculum;

       Exceed30Years old;

       In the United States during the very poor attendance record;

       During the summer camp is not what to improve English.

1. "Hostage" situation AFamily member may beDenied ifTraveling together with the rest ofThe family. For example, aCollege student who applied together with his parents toAttend his K-1 sister 'sWedding inThe United States was denied aVisa- "held hostage" inHis home country while his parents were issued visas

Hostage.A member of the family at home and others application may be refused.As a college student and his parents to apply to join the wedding's visa application was rejected,While the parents were signed.

1. Other relatives who previously emigrated This category ofApplicants with relatives inThe USMay beDenied for aCouple ofReasons
2. • The fact that anIndividual has aClose relative inThe USMay beANegative consideration because itWould beEasier for the applicant toSettle inThe US;
   • IfThe relative inThe USObtained status inAManner objectionable toAConsular officer (e.g., BToAsylum the officer may find), the applicant less trustworthy orSimply punish the applicant for the perceived transgression byThe relative inThe US

Consular officers often ask inWhat status did the relative arrive inThe USAnd legalize his status. Even aBenign situation where anIndividual onAJSummer Work and Travel visa meets, falls inLove with, and plans toMarry anAmerican citizen can lead toAVisa denial for the parents toAttend the wedding. There also does not appear toBeA "statute ofLimitations "onThis line ofInquiry: aPerson with aGreen card for several years still may beThe target ofConsular wrath and the applicant left toSuffer the consequences

Relatives in the United States of.May be refused because1The applicant's relatives is a negative factor in the USA,Because he can more easily in the USA settle down2If relatives through non normal method to obtain legal status in American,Such as tourism/Visit a refuge.

The consulate will often ask relatives came to USA identity and the identity.A man with aJVisa to America then and Americans married people's parents are likely to be refused.Even if there is a green card for many years relatives will also become the consulate asked target.

1. Pending orPreviously denied immigrant petition/application Immigrant visa registration isUsually treated asA "no-brainer" byConsular officers: registration toImmigrate isTantamount toAnIntent toImmigrate

Has not been approved or rejected immigration application.

1. Submission ofADVLottery entry While most consular officers doNot give weight toThe mere submission ofAnEntry inThe Lottery, there are some that do. For example, the Embassy inUkraine 'sWebsite states: Although participation in "The DVLottery does not disqualify one for aTourist orAny other visa, itDoes indicate aDesire toImmigrate toThe US, which isAFactor inEvaluating one 's ties toUkraine. "OfCourse, ifAnAlien isSelected asA "winner" ofThe Lottery and she submits anImmigrant visa application, then she will beConsidered toHave shown immigrant intent and obtaining anNIV during the pendency ofThe immigrant process orAfter IVDenial will beProblematic
2. Applicant suspected ofFraud AConsular officer may have aStrong suspicion that aDocument (employment reference, bank statement) submitted isFraudulent, but does not have the time orResources toInvestigate. ItIsEasier toJust deny the application under214 (b)Than toPursue a212 (a) (6) (c) finding

Suspected of fraud.Even if do not have the time and resources to the investigation,The consulate can be refused any he suspected the materials submitted by the applicant may be false,Materials such as employment letter,Bank statement.

1. Lack ofTravel toEurope InSome consulates, holding aUKOrSchengen visa may beDeemed aPrerequisite to "graduating" toAnAmerican visa. Such travel toEurope may reflect the availability ofDiscretionary income; aReturn toThe home country after having the opportunity toStay inAEuropean country may evidence ties toThe home country. Travel toBeach resorts such asThailand orCyprus may not address this second concern because anIndividual would beLess likely toLive and work inThat Beach Resort country
2. Previous denial/Lack ofChange inCircumstances since previous denial Consular officers often reflexively defer toAPrevious denial, citing toALack ofChange inCircumstances. Obviously, there may bePersonal orPolitical considerations asWell. This may occur even ifAnApplicant isRe-applying within days ofThe original approval, presenting new evidence. "What has changed since your last application is?"ACommon initial question. AWidespread myth among applicants isThat ifThey change the purpose ofTheir tripInstead ofGoing toVisit Disneyworld, they decide toEnroll inAnESL programThey will increase their chances ofObtaining aVisa. InDoing so, they are ofCourse digging their own visa "grave" deeper, exhibiting desperation, which may reflect onTheir ability toGet aVisa for years toCome

And the last is not what fundamental changes in the visa.

1. Application atANon-home post/re-application atNew post after denied atADifferent consulate ("Post-shopping")AnApplication atANon-home post may arouse suspicions that the applicant has attempted toCircumvent the home post. For example, the home post may have aBad reputation among visa applicants, and aThird country post may beViewed asMore amenable toFavorable review. The applicant who engages inThe "post shopping" may attempt anApplication atThe "favorable" post, only toHave the application formally denied with aReferral back toHis home post. Similarly, anApplication atADifferent Consulate after aRefusal isMore than likely doomed toFailure

In addition a consulate refused to submit the same to the application,Or not in the local consulate to submit the application.

1. Guilt byAssociation AnOfficer may deny every individual inAGroup because ofThe misdeeds ofOne orTwo individuals. For example, ifAnUnrelated individual 'sApplication isSurreptitiously included inABaseball team 'sGroup submission byThe organizers, and the officer becomes aware ofThis, all members ofThe baseball team and its group may beDenied
2. Inadequate finances toSupport the purpose ofThe trip IfThe purpose ofThe trip isMedical, then the applicant should have the financial wherewithal toPay the bills, either personally orHave the support ofASponsor. AnApplicant inNeed ofThe medical treatment who opens aBank account immediately before submitting his visa application and places funds onThe account may arouse suspicion that the funds are not his. Similarly, anAffidavit ofSupport from aNon-relative submitted asAPart ofAStudent visa application may elicit a214 (b)Finding because the officer may question the intention ofThe sponsor

The lack of sufficient financial support.If you are going to see a doctor,The applicant needs to have enough economic ability to pay medical bills,Whether self or by funding.In the application just before the opening savings may be suspected of money is not his.

1. Spouses/Children ofF-1 Student It isNot uncommon for spouses and children toBeDenied where214 (b)IsAnIssue, such asSpouses and children ofStudents who are located inThe United States

F1Student visa spouse and children

1. Intent toVisit the USToGive birth inBStatus The attraction for foreigners isObvious: toSecure USCitizenship for their soon-to-be-born child. While this activity isNot specifically prohibited orPermitted under regulations, the overwhelming majority ofOfficers will not issue aVisa toAnExpecting mother

Intention toBVisa status to USA children

1. Applicant previously gave birth inThe USOnABVisa This issue has several fact-based mutations
2. • AtTime ofInitial application for aBVisa, the applicant was pregnant;
   • AtTime ofInitial application for aBVisa, applicant was not pregnant;
   • Applicant failed toPay the hospital bills associated with the birth

IfAtThe time ofThe initial application the applicant was not pregnant and during the course ofThe validity ofThe visa gave birth inThe US, this isLess likely toBeConsidered asANegative factor when reviewing the application. IfThe applicant was pregnant atThe time ofInitial application and was not honest inDisclosing the reason for going toThe US, this may beHeld against the applicant upon subsequent application inThe form ofA214 (b)Denial. This isParticularly true ifThe applicant did not pay the hospital bills. InOne case, itWas only after 15 years, eight214 (b)Refusals, and aDonation toThe hospital that delivered the baby that anApplicant was able toObtain aVisa

You have toBThe United States visa status in children.A total3In different situations1A visa is pregnant2Not pregnant visa3The applicant does not pay child related hospital bills.Only second cases of the applicant in again apply for a visa may not be refused because give birth to the child.Other situations will be Consulate,Especially third.No matter what kind of situation,Applicant can only obtain America visa in meet the following conditions1.15Years later2Refusal8Time3Donations to the children's Hospital.

1. Suspicious-looking invitations Inviting parties with little orNoConnection toThe applicant may arouse suspicion about the legitimacy ofThe trip. Invitations inVery general language orInPoor English may also trigger a214 (b)Finding. Inviting parties orInvitations certified byNotaries inThe post 's "black list" will also lead toA214 (b)(or212 (a) (6) (C)) finding. Knowledge ofABogus support letter, for example, will beImputed toThe applicant and usually lead toA212 (a) (6) (C) decision

Looks suspicious invitation.The invitation and the applicant have little or no contact,Will be doubted the legitimacy.The invitation letter if the expression is ambiguous,Or English very poor,There is a doubt.

1. Get-acquainted trip toSee significant other Invitations from Americans toTheir romantic interests often lead toDenials. There does not seem toBeRegard for the stage ofThe relationship, whether the couple met last week over the Internet orHave known each other for years and met each other inThe applicant 'sHome country orInThird countries. Usually, little regard isGiven toThe applicant 'sTies. There seems toBeAnAssumption that the applicant will doAnything toGet out ofHer home country; that the American isHer "ticket out"; and that the parties will marry upon her arrival inThe States
2. Failure toComply with aPost 'sSpecific application requirements Some posts may require original documents, such asBank statements, tax returns stamped byThe tax Inspectorate, orPrevious international passports. Some ofThe requirements may seem hyper-technical orIrrelevant, but they are often prompted byHigh fraud rates. Thus, failure toAdhere toThe requirements may lead toADenial
3. Failure toMeet the criteria for issuance ofAWork visa The temporary employment visa requirements can beTechnical, and anApplicant failure toMeet the requirements may lead toADenial

Does not meet the visa requirements

1. Real estate ownership inThe US Those who own real estate inThe USMay beViewed asAHeightened risk toStay inThe US

Real estate in the USA.

1. 2-time participants inThe Summer Work Travel Program They may have difficulty obtaining aVisa toVisit friends because they are perceived asAlready having established ties toThe United States
2. Elderly applicants They may beViewed asMore likely toBecome aPublic charge orTempted toRetire inThe US
3. Previous contact with police AnIndividual with anArrest record not rising toThe level of212 (a) (2) (A) (e.g., Shoplifting conviction and two shoplifting arrests may be)Considered aDanger toEngage inCriminal behavior inThe US
4. Pending immigrant applications toAnother country IfAnIndividual isInThe process ofImmigrating toAnother Western country, for example, Canada, and applies for aVisitors visa, heMay beDeemed toBeADanger ofRemaining inThe US

If the applicant to submit an immigration application and other western countries have not yet been approved.

The elasticity ofSection214 (b)OfThe Immigration and Nationality Act isTruly aUnique phenomenon inImmigration law. AsNoted, many ofThese reasons are not valid reasons, and inFact, are specifically prohibited byDepartment ofState regulations. Therefore, itIsNecessary toUnderstand the consular officer 'sRationale for the refusal, and when appropriate, challenge it. Failure toDoSo silenceIsViewed asAgreement with the decision

Http://www.visarefusal.com/214b/