Refused US B2 visa under 214(b), can I reapply after improving my circumstances?

Refused US B2 visa under 214(b), can I reapply after improving my circumstances? - Crop unrecognizable man cleaning computer system unit

I was refused a B2 visa on May-June three times because honestly, I did not understand how the process works. I just kept trying with new documents that was not presented.

I am 23 this year, female, single, running a sole proprietor business since 2014. I live with my parents. I love traveling, I travel 2-3 times every year (Asia, UK and Australia) with a good record. Went to USA in 2016 under J1, never overstay.

During my first interview in May, I went without any preparation. I only brought 2 of my bank statements from March, one has high balance, another one has lower balance. These are the questions asked.

  1. Why do u want to go to USA

    • For visiting
  2. How long do u want to go

    • two months
  3. So you're graduated but unemployed? (explained as self-employed in the DS160)

    • I am doing an online business
  4. What kind of business ? What do u sell?

    • I sell clothes, bags, shoes and beauty products
  5. How long have u been doing it?

    • 4 years
  6. Where do u get your stocks from ?

    • china
  7. What is your monthly income?

    • three to four thousands (in my currency MYR)

(I have two bank accounts. She only reviewed the one with a very low balance, the other one is high)

  1. Do you have a business model? (didn't understand what business model is, I thought she meant business capital. I started my business 4 years ago with low funds)

    • no because order when the customer place order.
  2. What is your monthly income?

    • three to four thousand

Sorry I can't proceed your visa under 214(b).

I went for my second interview after one month, changed to parent-financing (I thought it would make my profile stronger even though I am able to support myself) and changed the duration to 17 days. This time I brought all my financial documents including Fixed Deposits and Investment but I was not prepared to be ask "What has changed since your last application because changing the dates is not a change". So I told her how my business plans are affecting my trip and what sort of plans I have for the next few months.

Was rejected again with no changed. I asked, why kind of changes should I have because I am a self-employed. She told me my statement showed a low balance last time. I told her I brought my documents with me this time but it was too late. She said I did not present it.

Then, I went for the third interview, with the same application (parent-financing) After I told her that I am running my own business, she said "You have already told my colleague that you are doing an online business, what has changed?" I showed her my bank account that I did not get to present last time. The VO asked how did I get those funds from which I told her its from my business. She asked what products do I sell. She then told me not to waste my money and time.

It's been 5 months and I have focus on improving my profile. These are some of the things happened between this period.

  1. I traveled to other country for vacation and came home.
  2. I have fully focus my business on beauty products and accessories (no longer selling clothes)
  3. I collaborated with new supplier to sell other products.
  4. I have became a contract distributor of a new local product from my Country & we had a brief contract signing ceremony during the product launch event.
  5. I have build/recruit a distribution team aka down-line distributor of 10 which I did not have back then in May.
  6. My business income has increased due to selling of new products and expansion of distribution team.
  7. I am currently working with local pharmacy to have the product on sale at the pharmacy shop.

I am worried because my circumstance as a self-employed will not change because its my business and I've spent years building it since college. And I won't be getting married at this age.

Should I apply again because I want to see the snow in the USA, go for skiing and see the fireworks for NYE. I will definitely fill in self-financing this time.



Best Answer

You can apply again for a visa at any time as long as you are willing to pay the application fee. There is no period of time after the previous application that you have to wait before making a new application. The determination of whether you have overcome the presumption of immigrant intent is made anew at the time of each visa application. Nobody here can predict whether your change in circumstances will overcome the presumption of immigrant intent in the particular officer's opinion on your next application.




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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.

How soon can I reapply for US visa after refusal?

Do refused applicants have to wait three to six months before reapplying? 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.

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.

When can I apply for B2 visa after rejection?

You can reapply any time after 3 business days following the previous rejection. You don't have to wait for 6 months or longer.



Avoid/Overcome the 214(b) USA Visa Rejection




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