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VISA REFUSALS UNDER SECTION 214(b) PART 2
By Michael J. Gurfinkel, Esq.
In a previous, article, I discussed visa refusals under Section 214(b). Here is more information about visa refusals under Section 214(b).
4. How can I avoid a Section 214(b) refusal?
You can possibly avoid such a refusal if you demonstrate “to the satisfaction of the consular officer that the applicant lawfully meets and will abide by all the requirements of the particular non-immigrant visa classification.” For visitor’s, it would mean demonstrating sufficient roots and ties to the Philippines, and showing that you don’t have a motive, incentive, or reason to go TNT in the U.S.
5. If am refused a non-immigrant visa, will that affect my eligibility for an immigrant visa?
According to the Department of State (DOS), the fact that an alien is denied a non-immigrant visa under Section 214(b) does not mean that the alien is “inadmissible” to the U.S. A person who is denied a non-immigrant visa under Section 214(b) may still be approved for an immigrant visa, provided there are no other grounds of inadmissibility (such as fraud, etc.).
I truly believe that one of the hardest parts of a consul’s job is refusing a visa to a person who desperately needs to go to the U.S. for some dire emergency, such as a sickly relative or for a funeral. However, Congress has enacted Section 214(b), and consuls are required by law, to follow the law. If they acted otherwise, they would not be doing their job properly. They are just like you in your job: your boss or supervisor has certain rules and procedures that you must follow, and if you don’t follow those rules or procedure (because you “feel sorry” for a customer), then you’re not doing your job well. But I think it is important that people who are applying for a visitor’s visas, student visas, or other such non-immigrant visas, understand that the burden is on them (as non-immigrant visa applicants) to prove their “innocence” of having immigrant intent, and if they do not do so, then the consul has no choice but to refuse the visa.
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(This is for informational purposes only, and reflects the firm's opinions and views on general issues. Each case is different and results may depend on the facts of a particular case. All immigration services are provided by an active member of the State Bar of California and/or by a person under the supervision of an active member of the State Bar. No prediction, warranty or guarantee can be made about the results of any case. Should you need or want legal advice, you should consult with and retain counsel of your own choice.)
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