Non-Immigrant Visas

Frequently Asked Questions

Non-Immigrant Visa Refusals

• What is the legal standard that applicants are required to meet in order to qualify for most non-immigrant visas?
• Why didn’t the consular officer give me time to explain?
• Why are visa interviews so short? I was refused after only a couple of questions and the interviewer hardly looked at my documents?
• Why didn’t the consular officer look at my documents and why was I refused even when I presented the requested documents?
• Is a denial under Section 214(b) permanent?
• Why can’t I get my money back?
• Why didn’t the person I spoke with on the telephone  tell me that I would not get a visa?
• Why wasn't my I-20 and my acceptance at a U.S. school enough for the issuance of a student visa?
• I wanted to inquire about a visa refusal for someone I know who applied for a visa. Why couldn't I obtain any information?

Legal Background for Non-Immigrant Visa Issuance

In most cases, non-immigrant visa applicants must demonstrate to a consular officer and a Department of Homeland Security (hereafter referred to as DHS) that they qualify for a visa according to Section 214(b) of the U.S. Immigration and Nationality Act (INA).

Section 214(b) states that:

"Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a admission, he is entitled to a Non-Immigrant status."
 

In other words, U.S. law presumes that everyone who applies for a non-immigrant visa is an intending immigrant. Thus, most applicants must overcome Section 214(b) by demonstrating that:

• The purpose of their trip is to enter the United States solely for business, pleasure or medical treatment;
• They have made clear their true intentions in traveling to the United States;
• They do not intend to work while in the United States, unless they have been granted DHS approval for a temporary work visa;
• They plan to stay for a specific, limited period;
• They have evidence of funds to cover all expenses while in the United States;
• They have evidence of compelling social and economic ties abroad; and
• They have a residence outside the United States as well as other binding ties that will ensure their return abroad at the end of the visit.

When a consular officer determines that an applicant cannot overcome this legal presumption, s/he is usually refused under Section 214(b).

Why didn’t the consular officer give me time to explain?

The consular officer who refused your visa is highly trained. During a short interview, the consular officer looks at several aspects of your case: your situation in Malaysia, your stated intent in visiting the United States, your previous travel history, your financial situation, and many other factors. Based upon the unique circumstances of your case, the consular officer asked you the questions he/she deemed necessary to elicit relevant information. The consular officer weighed your answers to those questions with the other facts of your case.

Why are visa interviews so short? I was refused after only a couple of questions and the interviewer hardly looked at my documents?

Consular officers handle over 30,000 applications every year. Because of this experience, they are able to quickly review the application form and supporting documents in order determine the range of questions to ask. Keep in mind, most of the information we need is already supplied on the application form itself, so there is usually no need for the officer to ask more than a few additional questions. We often need only to verify your identity or clear up one or two points. Also, if the interview were longer, you would end up waiting in line for a considerably longer time. In order to be fair to all applicants and to provide everyone an equal opportunity to establish eligibility, we must work quickly and efficiently.

Why didn’t the Consular officer look at my documents and why was I refused even when I presented the requested documents?

The problem is not the documents. Rather, your current overall situation (as supported by those documents) was not adequate to overcome the presumption that you are an intending immigrant. Applying for a non-immigrant visa is not a documentary process--consular officers never rely solely upon them as they do not establish an applicant's intentions. Documents that demonstrate that an applicant is well established in his/her own country can, in some circumstances, help to show an individual’s intent to return to his/her own country after a temporary stay in the United States. Depending on the specifics of your case, the consular officer may or may not have needed to examine your documents closely to make a decision about your eligibility for a visa. You were correct to bring documents with you, in case the consular officer needed to refer to them. If the consular officer made a decision in your case without a detailed scrutiny of your documents, it was because other circumstances of your case were clear. If your visa was refused, it is highly unlikely that any document you could provide would significantly alter the consular officer’s decision about your case.

Is a denial under Section 214(b) permanent?

No. An applicant can choose to reapply--there are no special reapplication procedures. However, due to the cost of the application fee, reapplying is not recommended unless the applicant's situation truly has changed markedly since that refusal. Keep in mind that simply reapplying in the days or weeks following a 214(b) refusal will likely lead to another refusal. If a decision is made to reapply, applicants are advised to submit additional information that may overcome the reason(s) for the prior refusal.

Why can’t I get my money back?

The USD 100 that you paid is an application fee. The application instructions state clearly that this fee is non-refundable whether or not you qualify for a U.S. visa. We have no authority to refund an application fee.

Why didn’t the person I spoke with on the phone tell me that I would not get a visa?

Every application for a visa is evaluated on its own merits. Before an application is presented, it is only possible to give general information regarding the visa application process and suggest the types of documents that might help you to demonstrate your eligibility for a U.S. visa. The visa application instructions clearly state that there is no guarantee that you will receive a U.S. visa if you choose to apply.

Why wasn't my I-20 and my acceptance at a U.S. school enough for the issuance of a student visa?

The approved I-20 is just one of many factors the consular officer must consider in deciding whether a visa may be issued. Remember, Section 214(b) applies to student applications. Thus, every student must satisfy the consular officer that they will depart the United States after finishing their studies, which may take several years. Consequently, your overall circumstances are taken into account when deciding whether to issue a student visa. Student visas must be denied if it appears that the student cannot or will not complete a full course of study in the United States.

I wanted to inquire about a visa refusal for someone I know who applied for a visa. Why couldn’t I obtain any information?

Under the Immigration and Nationality Act (INA), section 222(f), the records of the Department of State relating to visa decisions are confidential, and therefore information may not be provided to third parties about a particular visa applicant. Certain information may be provided to the petitioner in visa cases, attorneys representing a visa applicant, or to members of Congress, or other persons acting on behalf of and with the permission of the applicant.

For visa denials, the law requires that almost all visa applicants be informed verbally and in writing the basis for the denial. This explanation always relates to a specific section of the INA.