What is a 214(b) denial that consulates issue after your temporary visa request; and how do you overcome it and get your visa approved:
When you go for your temporary visa interview (for example: B-1/B-2/H-3/H-1B/F-1/M-1/E2 etc.), at a US Consulate/Embassy. Your visa will either be approved, or the officer may deny your visa request under a 214(b) ground.
INA 214(b) denials, are among the most common reasons for visa denials at consulates/embassies worldwide. There are over 50 potential grounds for a denial under INA 214(b). If you are denied under a 214(b) ground, you cannot appeal your visa denial. Further, the consular officer does not have to not recommend your nonimmigrant visa waiver to the ARO in Washington, if a waiver is required on your case.
INA section 214(b) denials will be issued by a consular officer post-visa interview if they suspect that you have a presumption of being an intending immigrant. Put simply this means the officer does not believe that you are going to enter the United States temporarily. The officer believes you may intend on staying longer inside the states.
If the consulate officer believes that once they will approve your temporary visa and you are admitted into the United States, your intent is to remain in the United States either on a permanent basis; or longer than what you had stated in your visa application; they will deny your visa request and it may be under a 214(b) ground.
Why is this you ask?
The officer may not have been satisfied with the documentation you presented to support your temporary request to enter the United States, and/or your answer to a question at your interview raised their suspicion further that you did not have sufficient home ties. The officer simply does not believe you.
All of our clients are fully prepped by Caro before speaking with Immigration officials; your interview is the single most important aspect of your case! As a lay person you may not fully understand certain words you may use incorrectly will result in a denial or not having certain evidence on the day of your interview may trigger your visa denial. Either schedule a consultation with Caro and/or listen to one of the website audios to help you better understand things before going to the consulate for an interview.
Embassy denial letters will say your visa is denied as you are ineligible under Section 214(b) of the U.S. Immigration and Nationality Act (INA) and will typically state the following reasons:
▪ Section 214(b): You have not demonstrated that you have sufficient family ties, social and/or economic ties to your place of residence to ensure that your projected stay in the United States will be temporary.
▪ Section 214(b): You have not been able to sufficiently demonstrate that your stay in the United States is for temporary business or pleasure.
▪ Section 214(b): You have not been able to sufficiently demonstrate that you are eligible for the visa category for which you have applied.
Our office is now seeing an uptick in temporary visa denials under section 214(b) grounds, at most US consulates worldwide, make sure your visa case is not one of these.