Section 214(b) of the Immigration and Nationality Act

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Section 214(b) of the Immigration and Nationality Act

Applicants refused non-immigrant visas are handed standard rejection letters stating that the reason they were denied is because of lack of strong ties to their home countries and do not meet the standards for issuance of the visa. Over the course of many years, we have compiled a list of actual reasons used by consular officers to deny applicants under Section 214(b). The most popular are:

  1. Limited ties to home country.
  2. Interview problems.
  3. Inaccurate consular understanding of facts or law.
  4. Fit overstay profile
  5. Numerous, long-term visits to the US/extending status while in the US.
  6. Indicating a prolonged visit in application
  7. Change of status in the US
  8. Student-specific problems
  9. Hostage situation
  10. Other relatives who previously emigrated
  11. Pending or previously denied immigrant petition/application
  12. Applicant suspected of fraud
  13. Lack of travel to Europe
  14. Previous denial/Lack of change in circumstances since previous denial. Application at a non-home post/re-application at new
  15. post after denied at a different consulate (Post-shopping)
  16. Guilt by association
  17. Inadequate finances to support the purpose of the trip
  18. Intent to visit the US to give birth in B status
  19. Applicant previously gave birth in the US on a B visa
  20. Suspicious-looking invitations
  21. Get-acquainted trip to see significant other
  22. Failure to comply with a posts specific application requirements
  23. Failure to meet the criteria for issuance of a work visa
  24. Real estate ownership in the US
  25. 2-time participants in the Summer Work Travel Program
  26. Elderly applicants
  27. Previous contact with police
  28. Pending immigrant applications to another country

The flexibility of Section 214(b) of the Immigration and Nationality Act is truly a unique experience in immigration law. As noted, many of these reasons are not valid reasons, and in fact, are specifically prohibited by Department of State regulations. Therefore, it is necessary to understand the consular officers rationale for the refusal, and when appropriate, challenge the decision. Failure to do so silence is viewed as consent with the decision.

PLEASE NOTE THAT we are the first and only Law Firm in Bangladesh and have been representing such cases regularly in U.S. Embassy, Dhaka through our designated, expert and experienced U.S. Immigration Specialist Lawyer. We would welcome you to see and consider our Case/U.S. Visa Success References released on this website. Summarized some of the cases in which we were able to assist our clients successfully.

If you would like us to examine your particular situation, it is possible to arrange an Appointment by telephone or e-mail for detailed consultation. Please contact us by  e-mail or telephone.


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