If you applied for a nonimmigrant visa and were refused under Section 214 (b) of the Immigration and Nationality Act (INA), please bear in mind that this decision cannot be reviewed or appealed. However, you may reapply if you have additional evidence to demonstrate your qualifications for a visa.
Under U.S. immigration law, all applicants for nonimmigrant visas must satisfy the interviewing officer that they are entitled to the type of visa for which they are applying. A denial under Section 214 (b) means that you were not able to demonstrate that your intended activities in the U.S. would be consistent with one of the nonimmigrant visa categories established under U.S. immigration law, or, more commonly, that you were unable to satisfy the requirements of the particular nonimmigrant visa categories. The requirements of each nonimmigrant visa category differ from one another. However, one of the most common elements across various nonimmigrant visa requirements is that the applicant must demonstrate that they have a residence in a foreign country which they have no intention of abandoning. Applicants usually meet this requirement by demonstrating that they have strong ties overseas which would ensure their return to a foreign country after a temporary visit to the United States. Strong ties differ from country to country, city to city, individual to individual. Some examples of ties that may be considered during the interview include professional, employment, educational, family or social linkages to a foreign country. “Ties” are the various aspects of your life that bind you to your country of residence: your possessions, employment, and social and family relationships.
If you decide to reapply for a nonimmigrant visa, you must schedule a new appointment, submit a new application form (DS-160) and photo, pay a new visa application fee, and be interviewed by a consular officer again. You should be prepared to provide information that was not presented in your original application or demonstrate that your circumstances have changed since that application. A new interview shall be required to review your application. Please bear in mind that there can be no guarantee that you will receive a different decision.
My application was refused under Section 214(b). If I bring in additional documentation, will I receive a visa?
Applying for a non-immigrant visa is generally not a document-based process. The main issue in determining if an applicant qualifies for a visa is intent, and documents alone cannot establish intentions. However, in some cases, documents can help establish an applicant’s intent to return to Argentina by showing that the applicant is well established here. If you believe that you possess additional documentation that can help prove your ties to Argentina, you are welcome to bring them to your next interview. Be aware, however, that the fact you bring us additional documents may not alter the outcome of the interview.
What does a consular officer look for when determining an applicant's entitlement to non-immigrant status?
In making that determination, the officer considers the applicant’s personal circumstances, travel plans, financial resources and ties outside of the United States that will ensure his/her departure after a temporary visit.
I’m from a third country but currently present in Argentina. I was denied and told to apply in my country of origin. Why?
The consular officer who evaluated your application is accredited in Argentina and is only able to assess your ties to Argentina. It is not possible for consular officers here to be experts about all other countries, or to understand any social or economic ties you may have to another country. Nevertheless, even though your application has been refused in Argentina, if you are here temporarily you may be able to qualify for a visa if you apply in your home country. Consular officers in your home country are better able to assess your situation there.
I am originally from a third country but am currently a legal resident of Argentina. Why don’t I qualify?
Many recent immigrants to Argentina cannot demonstrate sufficiently strong ties here to qualify for a non-immigrant visa to the United States. There is no magic formula that will work in each case. In general, you must be able to show that you have settled in Argentina and that this is, and will remain, your permanent home. In reviewing your application, the consular officer considers many aspects such as: How long have you been at your current address? How long have you been at your current job? Are you, or are your children, enrolled in school? What commitments do you have here that would compel you to return to Argentina? What social ties do you have in Argentina? Often it is a question of time, and the best way to qualify for a visa is to reside in Argentina for a longer period of time and to build further social and economic ties here.
Why didn’t they tell me when I called that I would not get a visa?
Each visa application is thoroughly examined and evaluated on its own merits. Since it is impossible to obtain all relevant facts without seeing your passport and completed application, we are unable to tell you by phone whether you will or will not receive a visa. The information we provide through our telephone information system, our website and through our Bi-National Centers is intended to provide general guidance regarding the visa application process and to suggest what types of documents might help demonstrate the eligibility for a U.S. visa. However, under no circumstance will someone be able to guarantee in advance that you will receive a U.S. visa.
Why did was I not refunded my money?
The fee that you paid corresponds with the application. Every person who applies for a visa anywhere in the world must pay the fee which covers the costs of adjudication for your application. As was established on your application form, this fee is not refundable whether or not you have been granted the visa. If your application was refused under article 214(b) and you opt to apply for a new visa at this Embassy or another, it is required that you pay the fee for the new application.
Free movement is not a human right?
The government of the United States believes that free movement is a human right. However, immigration into the United States is not a right. If in the future you are able to establish in good faith that you are not an intending immigrant and you qualify for a visa, you will be able to travel to the United States as a temporary visitor.