What is the Immigration and Nationality Act (INA) 214(b) Section?

According to the U.S. Department of State Bureau of Consular Affairs, Section 214(b) of the Immigration and Nationality Act states:

Every alien (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, 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 substance as is prescribed by section 247(b).

Essentially, it is the officer’s responsibility to determine if you qualify to get a temporary visa based on the information you provided and their short interaction with you. One of the primary consideration factors in deciding if you have the intention to abandon your country of residence and stay in the United States. For that reason, having “strong ties” to your country is important to establish with your immigration case. These ties can be a career, a family to take care of, real estate, other commitments, etc. If, for example, you are unemployed, not married, and do not have children or own any real estate, these could be red flags from the consular officer’s point of view that you may be an intending immigrant. Strong ties for a minor can mean things like educational plans, grades, etc.

Top 5 Section 214(b) Visa Rejection Reasons

In practice, there are numerous reasons why you may receive 214(b) slip rejections. Below are the top 5 reasons your visa may have been denied under Section 214(b):

1. Staying for prolonged visits in the United States

• If the consular officer sees that you have stayed for extended periods of time in the U.S., the officer may believe that you are not living in your home country or are an intending immigrant.

2. Returning to your home country to obtain a new visa after changing your status

• Immigration officials can interpret this as deceptive if they believe your real intent from the first visa application was to change your status. For example, if you first received a tourist visa and then changed your status to a work visa after arriving.

3. Pending (or denied) immigrant petition

• If you have previously been denied an immigrant petition or have one pending, this can be a red flag for officials because it is clearly an intent to immigrate to the U.S. Moreover, these officials can defer to that prior denial and state there is no change in your circumstances if that is the case. You may be asked what has changed since you previously applied for a visa from immigration officials. Always discuss this in advance with your lawyer. Do not assume that changing the reason for your trip will improve your odds of getting the visa because that can signal desperation to the immigration officials.

4. Suspicion of fraudulent paperwork

• Any inkling that you have submitted fraudulent documents for your case can be cause for denial.

5. Insubstantial financial resources for the trip

Not having solid financial support for your trip can cause concern with officials because you become a risk of being a public charge or having to seek unauthorized employment in the U.S. to pay for expenses. For example, if you are applying for a visa to receive medical care but cannot prove the wherewithal to pay, you may be denied under section 214(b).