214(b) FAQs

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Impact of 214(b) denial

Authored on: Tue, 03/10/2020 - 01:39

Question

My boyfriend is applying for his F1 Visa in July 2020 for fall semester 2020 for his MS in Finance at one of the US universities (deciding on which one right now). This is a question asked well in advanced so we are fully prepared.

Answer

Watch the Video on this FAQ: Impact of 214(b) denial

Video Transcript:

Make sure he goes to a good university. If somebody is going to a top tier university the consular officer might be more inclined to consider the application as being a genuine application. Please be sure you are honest when applying. FAQ in detail...



Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Parents Visa Denied Based on 214(b) Twice

Authored on: Mon, 03/05/2018 - 10:11

Question

Below is my dads background .<br>
Mom has always been a house wife & have lived in India most of her life except for 2 years in 1989 to 1991.
My dad has been working in the Yemen for a subsidiary of American company called Clorex for 10 years as a plant manager for a chemical plant(purely management job). Did an MBA 2 years prior to his retirement at the age of 56 since the company sponsored it as part of employee benefit.Since then he had been living as a retiree , now for 4 years. In between I have took them to Singapore & Malaysia .Have a permanent residence in India .He pays luxury tax for that home. Has a daughter(married and settled in a different town) and a son other than me(works and lives with them in their house) ( I work in the USA on an H1 for past 2 years).Have travel history to Saudi Arabia but not in the past 5 years.
I completely understand its the burden of applicant to prove the non immigrant Intent. But doesn't know how since both the times the officer didn't ask much .Both the times it was a joint interview .Wanted to know your comments.

Answer

Tourist visas are often denied based upon incomprehensible reasons. The most difficult reason to overcome is the 214B denial. Essentially, the consular officer says that your parents possess immigrant intent and that he is not convinced they will come back. You can ask for a supervisory review of that decision, but most of the times they don't work.

214(b) Expiration

Authored on: Fri, 07/07/2017 - 05:05

Question

I want to take my fiancé on a vacation to Hawaii but she stated she received a 214b due to a failed student visa in Oct 2014; at the same time her ESTA expired. Prior to that she had visited the states and left on time without overstay. My fiancé is Japanese and was in her late 20s when denied without explanation. Is there an expiration on 214b?I want to take my fiancé on a vacation to Hawaii but she stated she received a 214b due to a failed student visa in Oct 2014; at the same time her ESTA expired. Prior to that she had visited the states and left on time without overstay. My fiancé is Japanese and was in her late 20s when denied without explanation. Is there an expiration on 214b?

Answer

Getting married to a US citizen and applying for a K visa/green card will remove the 214(b) issue. There is no expiration of this denial.Getting married to a US citizen and applying for a K visa/green card will remove the 214(b) issue. There is no expiration of this denial.

Denial based upon immigrant intent, 214(b)

Authored on: Wed, 03/25/2015 - 05:18

Question

My F-1 visa was denied twice for the reason 214(b). I have visited my uncle in U.S for 6 months on a vacation. My Uncle (U.S citizen) sponsored me for my both F-1 (student visas). On my first appearance for F-1 visa interview in Chennai consulate my B-2 visa was cancelled by interviewing officer . Now I plan to appear for F-1 visa with my parents sponsorship. Will there be any problem for me in applying F-1 visa interview this time?

Answer

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/GtOqgqgEG6I?t=87

FAQ Transcript

214(b) denials, typically you will come across in student visa applications, tourist visa applications, even J-1/J-2 applications. They can be problematic because they are very difficult to overturn. It is a matter of subjective determination of the consulate that they suspect the applicant has an immigration intention.

If somebody has come to the US on a tourist visa or any other nonimmigrant visa and gone back within the time permitted that’s a good sign. That shows that you are somebody that you can be trusted. In a case like yours unless there was a reason for the consulate not to trust your submission they should have considered your case more sympathetically than the case of somebody who has never been to the United States.

I don’t think the sponsorship is a problem.