I've received a refusal for a US visa twice under 214(b). How to make sure I won't get refused again when I apply?
My situation:
Applied 1st time - got 214(b) was single
Applied 2nd time after about 2-3 years as a married person - got 3 year visa, been about 10 times to the States, each time spent no more than 10 days.
Applied 3rd time as a divorced person - got 214(b) again.
So is there any logic here? They can see I've been in and out so many times to the States, traveled around the world so many times too, resident in the UK for 9 years, got 2 jobs.
How soon can I apply again?
Best Answer
The US consulate in New Delhi has the following to say about section 214(b):
Section 214(b) of the United States Immigration and Nationality Act requires that Consular Officers must assume that every visa applicant intends to leave his or her home country and immigrate to the United States. The applicant must convey during the interview that this presumption of immigrant intent is not true.
Which means you haven't successfully satisfied the consular officer that you intend to return home after your trip. I presume your second visa application was successful because you were married and therefore had stronger ties to your home country. However it's impossible to be sure without seeing the underlying documents, so that's just one assumption. Now as for reapplying:
Section 214(b) denials are not permanent. If you have new information or if your overall circumstances have changed significantly, you may reapply. Applicants who provide identical information in a second interview rarely get a different result.
I would recommend sending another application after you've established one or more of the following:
- Well-paying job that you've occupied for a couple of years
- Real estate in your home country, possibly with a mortgage
- Strong family ties, such as marriage and/or children
- Successful business that requires your physical presence
- A residency permit in a high-HDI country
Since you've previously had a couple of refusals your application will undergo more scrutiny, but presuming you satisfy the conditions above it shouldn't be a problem. I am aware it may not sound fair that you're required to go through so many hoops to get a visa since you know you won't overstay in the US, but unfortunately that's how the system works.
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How do I reapply after 214B rejection?
Once an officer has determined that an applicant does not qualify for a visa, the applicant should not re-apply unless there are significant changes in the applicant's circumstances or information, which was not presented during the first interview. Applicants wanting to reapply need to schedule a new appointment.Is a refusal under section 214 B permanent?
Is a refusal under section 214(b) permanent? No. A refusal, or ineligibility, under section 214(b) is for that specific application, so once a case is closed, the consular section cannot take any further action. There is no appeal process.How do I overcome my US visa refusal?
(i) (U) For IV cases, the applicant has one year from the date of refusal to produce additional evidence "to overcome the ground of ineligibility on which the refusal was based." If an IV applicant wants to present additional evidence after one year, the applicant must submit a new DS-260 and pay a new IV fee.Can I reapply if my US visa is refused?
There is no time restriction on resubmitting an application after a refusal. If additional information or supporting documentation is available which may further demonstrate applicant's qualification for a visa, an application may be resubmitted.Kendrick Lamar - i (Official Video)
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