Non-Immigrant Visas

VISA DENIALS

Section 214(b) of the U.S. Immigration and Nationality Act is the most common ground of ineligibility for nonimmigrant visa applicants. To learn more about visa denials, visit the State Department's Bureau of Consular Affairs website at http://travel.state.gov/visa/frvi_denials.html.

Interviewing officers must apply Section 214(b) in determining whether an applicant is eligible for a U.S. visa.  Section 214(b) states:

"Every alien [visa applicant] shall be presumed to be an immigrant until he establishes to the satisfaction of the officer, at the time of the application for a visa that he is entitled to nonimmigrant status."

This means that the visa officer is required by law to view each applicant as intending to immigrate permanently to the United States until the applicant demonstrates otherwise.  It is important to emphasize that the burden is on the applicant to prove his or her qualifications to receive a visa.

Visa applicants must convince the Consular Officer of the following:

- that he or she intends to depart the U.S. following a temporary stay

- that his or her financial situation is such that he or she can afford the trip without having to seek unauthorized employment in the U.S.

- that the travel is for legitimate purposes permitted by the applicant's visa category
Evidence may come in many forms, but when considered together it must be enough for the interviewing officer to conclude that the applicant's overall circumstances - including social, family, economic, and other ties in Vietnam - constitute a compelling reason to leave the U.S. at the end of a temporary stay.

 “Ties” are the aspects of your life that bind you to your place of residence, including family relationships, employment and possessions.  In the case of younger applicants who may not have had an opportunity to establish such ties, interviewing officers may look at educational status, grades, the situation of parents, and an applicant’s long - range plans and prospects in Vietnam.  As each person’s situation is different, there is no set answer as to what constitute adequate ties.

Each applicant should be prepared to present his or her case clearly and concisely.  The interview can be conducted in Vietnamese or in English, if preferred.

Whether particular ties are strong enough to justify issuance of a visa differs from country to country, culture to culture, and from individual to individual. Our visa officers all have knowledge of local conditions and of patterns of migration to the United States to help them make this determination.

Section 214(b) ineligibilities are not permanent. If you were found ineligible to receive a visa but you now have new information, or if your overall circumstances have changed significantly, you may re-apply following the same procedures as any other applicant.  Re-applying is the only way to have your application reconsidered.

One common misconception about Section 214(b) ineligibilities is that qualifying for a visa is just a matter of providing more documents. A visa decision is not simply based on documents, however.  Rather, the consular officer looks at the applicant's overall situation to determine whether he or she has overcome the legal presumption that he or she intends to immigrate. The documents listed in our telephone message and on our website can help the officer to make a proper decision, but no single document or piece of information guarantees visa eligibility.