Visa Denial Information
IS A DENIAL UNDER SECTION 214(B) PERMANENT?
No. The consular officer will reconsider a case if an applicant can show further convincing evidence of ties outside the United States. You should contact the embassy or consulate to find out about reapplication procedures. Unfortunately, some applicants will not qualify for a nonimmigrant visa, regardless of how many times they reapply, until their personal, professional, and financial circumstances change considerably.
WHAT CAN YOU DO IF YOU ARE REFUSED A VISA UNDER 214(B) FOR LACK OF A RESIDENCE ABROAD?
First review carefully their situation and evaluate realistically their ties. You can write down on paper what qualifying ties you think you have which may not have been evaluated at the time of your interview with the consular officer. Also, if you have been refused, review what documents were submitted for the consul to consider. Applicants refused visas under section 214(B) may reapply for a visa. When you do, you will have to show further evidence of their ties or how your circumstances have changed since the time of the original application. It may help to answer the following questions before reapplying: (1) Did I explain my situation accurately? (2) Did the consular officer overlook something? (3) Is there any additional information I can present to establish my residence and strong ties abroad?
You should also bear in mind that you will be charged a nonrefundable application fee each time you apply for a visa, regardless of whether or not a visa is issued.
WHO CAN INFLUENCE THE CONSULAR OFFICER TO REVERSE A DECISION?
Immigration law delegates the responsibility for issuance or refusal of visas to consular officers overseas. They have the final say on all visa cases. By regulation the U.S. Department of State has authority to review consular decisions, but this authority is limited to the interpretation of law, as contrasted to determinations of facts. The question at issue in such denials, whether an applicant possesses the required residence abroad, is a factual one. Therefore, it falls exclusively within the authority of consular officers at our Foreign Service posts to resolve. An applicant can influence the post to change a prior visa denial only through the presentation of new convincing evidence of strong ties.