If you had the misfortune of having your nonimmigrant visa refused, you should have received a sheet of paper from the interviewing officer explaining the reason for the refusal. The vast majority of visa refusals are due to the applicant being unable to overcome the presumption of immigrant intent under INA section 214b.
Consular officers are trained not to provide the specific reasons for the 214b visa refusal. From the perspective of the State Department, this is to prevent the consular officer from inadvertently coaching the applicant in how to pass the next interview when reapplying. However, many applicants object to this reasoning, feeling they deserve a specific explanation for the visa refusal so they can remedy problems or explain misunderstandings.
The most commonly cited reason involves weak ties to the applicant’s home country. Weak ties include poor finances, lack of employment prospects, and minimal family ties. Other factors include little to no prior international travel, the appearance of taking school aged children to study without a student visa, and other factors indicating a likelihood of visa misuse or overstay.
Other common reasons for visa refusals include ineligibilities, the most common of which includes criminal records, immigration violations, and medical or national security grounds. Certain crimes make visa applicants ineligible for entry to the United States. Depending on the circumstances, the applicant may be eligible to apply for a waiver to overcome the ineligibility. Immigration violations, medical grounds, or national security issues will generally be more difficult to resolve in the applicant’s favor.
How can you overcome the reason for your view refusal? In the next post, we will discuss how applicants can work to overcome a prior 214b refusal.
If you’d like to prepare for your visa interview with one of our former consular officers, we would be excited to help! Please reach out to U.S. Visa Pros here.
