If you received the blue letter from the consular officer after your interview, this means your application was refused under Section 214(b) of the Immigration and Nationality Act (INA).
Basically this states that during your interview, you were unable to adequately demonstrate to the consular officer that you qualify for the nonimmigrant visa category you applied for. It could also mean that you did not overcome the presumption of immigrant intent by sufficiently demonstrating that you have strong ties to your home country that will compel you to depart the United States at the end of your temporary visit. What constitutes persuasive ties? Ties are various aspects of your life that bind you to your country of residence, like your profession, financial situation, employment, social and family relationships, and properties.
The responsibility for issuance or refusal of visas rests with consular officers. They have the final say on visa cases. If the consular officer determines that you are not qualified for a nonimmigrant visa under Section 214 (b), the decision cannot be appealed. If you believe that you do qualify for the nonimmigrant visa, you may apply again at any time. However, changed circumstances should be significant enough to warrant another attempt to apply for a visa.
When you reapply, you should be prepared to provide information that was not presented during your original application or be able to present evidence of significant changes in your circumstances since your last application. If your situation has not changed since your previous application, most likely the decision will be the same.
To reapply, you must follow the same procedures you followed for your initial interview– complete a new DS-160 form, pay application fees and attend an appointment for an interview. You will be interviewed by a different consular officer. Hopefully the next time around, the outcome will be successful.
If you have questions about this or any other issues related to marriage-based or employment-based immigration, please contact my office.
Theodore Huang, Esq. has been practicing business immigration, EB-5 investor, and family immigration law since 1997. Attorney Huang has 18 recommendations on LinkedIn, an “Excellent” Avvo rating and received the Avvo “Clients’ Choice Award for 2013”. He personally handles his cases without outsourcing. He has written numerous articles on visa matters affecting foreign new hires, start-ups,