B-2 Tourist Visa: Denied pursuant to Section 214(b). What does that Mean?
Section 214(b) is part of the Immigration and Nationality Act (INA). It states:
Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status…
I often get questions about tourist visas for foreign fiancées. K-1 regulations require that the couple must have physically met within the past 2 years prior to submission of the K-1 petition. Usually the US citizen (USC) goes out to visit his/her fiancé(e). However, there are some circumstances where the USC is unable to do so for medical or job-related reasons. In situations like these, it may be easier for the fiancée to come to the USA to visit the USC. In that case, the foreign fiancée must go to the US Embassy or Consulate General to apply or a B-2 tourist visa.
Consular officers have a difficult job. They must decide in a very short time if someone is qualified to receive a temporary visa. Most cases are decided after a brief interview and review of whatever evidence of ties an applicant presents. To qualify for a visitor or student visa, an applicant must meet the requirements of sections 101(a)(15)(B) or (F) of the INA respectively. Failure to do so will result in a refusal of a visa under INA 214(b).
The most frequent basis for such a refusal concerns the requirement that the prospective visitor or student possess a residence abroad he/she has no intention of abandoning. Applicants prove the existence of such residence by demonstrating that they have ties abroad that would compel them to leave the U.S. at the end of the temporary stay. The law places this burden of proof on the applicant. If the foreign fiancée cannot show that s/he has strong ties to compel him/her to return home, the tourist visa application will be denied.
We offer a wide range of fiancé(e) visa services from very low fees where the applicant does the preparation and we review, to our office providing full service through the entire process. Call us at 626-771-1078 for more information.
Tags: tourist visa