Attorney Shah Peerally's Immigration Law Talk Shows
How to Deal with B1,B2 and F1 Visas Denials under INA 214(b)
This podcast deals with denials under INA 214(b). INA 214(b) is the most common denial at the US consulates for non immigrant visas. Note that INA 214(b) rarely applies to dual-intent visas such as H1, H4, O visas. However, it is extensively used for B1 visas, B2 visas and F1 visas denials. The law reads:
(b) Every alien 10/ (other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 101(a)(15) . An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288, note], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and su bstance as is prescribed by section 247(b).
INA 214(b) is one of those “mysterious” law which functions on the discretionary power of the adjudicating or consular officer who is actually interviewing the applicant. It is extensively used to deny visas based on the fact that every applicant is “is presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 101(a)(15)”
As such anybody can be found to have an immigrant intent and not be able to prove otherwise. Note that the burden of proof is on the applicant. In simple terms, this means that someone who is applying for this visa has to prove that he or she plans to be leaving the United States once he or she finalizes either her visit or her studies.
This podcast talks about how you can deal with the denials under INA 214(b).