Why would your tourist visa application be denied?
The B visa category, in general, was designed expressly for foreign visitors to the United States. It covers both visitors for business (B-1) and visitors for pleasure (B-2). B-2 visa is inherently one of the most common nonimmigrant visa types that is specifically created for the admission of tourists.
Most of the time, consular officers issue boilerplate refusal notices for B-1/B-2 visas and entries under the Visa Waiver Program (VWP) citing 214(b) of the Immigration and Nationality Act (INA). These boilerplate refusal notices may often appear as:
“This is to inform you that you have been found ineligible for a nonimmigrant visa under Section 214(b) of the U.S. Immigration and Naturalization Act. A denial under Section 214(b) means that you did not meet the requirements of the classification of the nonimmigrant visa for which you applied. … Today’s decision cannot be appealed. However, you may reapply at any time…”
So, what does this Section 214(b) say?
The rule simply states that every person coming in on a nonimmigrant visa is “presumed to be an immigrant (with the exception of a few work visa categories such as H-1B and L visa applicants, along with their spouse and any minor children) until they establish, 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 they are entitled to a nonimmigrant status.”
Meaning, the consular officer is automatically going to assume that you have an immigrant intent, and it is solely your responsibility to prove that you qualify for a tourist visa and can overcome the automatic presumption of immigrant intent by sufficiently demonstrating that you have strong ties to your home country that will compel you to leave the United States at the end of your temporary stay. The law places this burden of proof on the applicant. It is at the discretion of the consular officer to determine whether you have overcome the presumption of immigrant intent. Section 214(b) gives consular officers and U.S. Customs and Border Protection (CBP) officers at ports-of-entry a lot of latitude to assess your intention and whether you are going to comply with the terms of the visa.
How can you avoid getting a tourist visa denial?
At the consular interview, you need to convince the consular officer that:
You have a residence in a foreign country, which you do not intend to abandon;
Your intent to enter the United States for a period of specifically limited duration;
You will depart the United States at the expiration of your admission;
You have adequate financial resources to pay for the trip;
You are coming to the United States for lawful purposes;
The sole purpose for your visit is to engage in legitimate activities related to business or pleasure; and
You will not work without work authorization
If you fail to meet one or more of the above criteria, the consular officer must refuse your application under section 214(b) of the INA.
Please remember that strong ties are not strictly defined, and they vary considerably by country, region, and individual. Each visa applicant is evaluated individually during the visa interview for their social, family, economic and other ties to their home country and whether these ties will compel them to depart the United States at the end of a temporary stay. There is not any standard combination of documents or circumstances that will automatically overcome the presumption of immigrant intent.
Is denial under Section 214(b) permanent?
The correct answer would be “No, the denial under Section 214(b) is not permanent.” You can most certainly reapply as long as you can show credible, new, and compelling evidence of ties outside the United States, and that your intended activities in the United States are consistent with the terms of the visa you are reapplying for.
It is not unusual that some U.S. consulates discourage applicants from applying again until substantial time has passed. (E.g., six months to a year)
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