Nonimmigrant Visas
Visa Denials
The visa refusal rate in Slovenia is quite low, which is a requirement for Slovenia to remain a member of the Visa Waiver Program. However, not all visa applicants meet the requirements of U.S. immigration law.
Click on a title below to find out more.
* 214(b) Visa Denial
* How do I reapply?
* 221(g) Visa Suspension
Janez was excited. In five days, his nephew Bojan would come to study in the United States. Suddenly, the phone rang. Janez could not believe his ears! Sadly, Bojan told him, "I cannot come...the consular officer said I am 214(b)."
On any given day throughout the world, some visa applicants find themselves in Bojan's situation. They hear the consular officer say, "Your visa application is refused. You are not qualified under Section 214(b) of the Immigration and Nationality Act." This outcome can cause great disappointment and sometimes embarrassment, especially if it is unexpected.
If you were denied a visa recently, or an acquaintance was denied, the information below is provided to answer your questions. We hope this will improve your understanding of the application process and U.S. immigration law, and assist you if you choose to reapply.
Frequently Asked Questions about the 214(b) Visa Denial
Q. Why is there a visa requirement?
A. The U.S. is an open society. The U.S. does not impose internal controls on most visitors, such as registration with local authorities. In order to enjoy the privilege of unencumbered travel in the U.S., aliens must prove they are going to return to their home countries before most kinds of visitor’s visas can be issued. Our immigration law requires consular officers to view every visa applicant as an intending immigrant -- meaning that he or she intends to stay in the United States forever -- unless and until the applicant proves otherwise.
Q. Why was my application for a nonimmigrant visa denied?
A. It was denied because you were found ineligible under Section 214(b) of the U.S. Immigration and Nationality Act (INA). Section 214(b) requires applicants for nonimmigrant visas to show that they meet each of the requirements for a visa in a particular visa category. An applicant for a nonimmigrant visa -- issued for a temporary visit for business, tourism, or studying, for example -- is required to demonstrate that he or she has a permanent residence abroad and intends to depart the U.S. at the end of the authorized stay. Unfortunately, you have not shown that you have sufficient social or economic ties to your place of residence to ensure that your projected stay in the U.S. will be temporary.
Q. What is Section 214(b) and what does it mean?
A. Section 214(b) is part of the U.S. 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 a visa … that he is entitled to a nonimmigrant status.
It means that the burden of proof is on the applicant to show that he or she is not an intending immigrant. The consular officer uses the interview to determine the intentions of the applicant.
Q. What are "ties to Slovenia"?
A. "Ties" are the aspects of life that bind people to their places of residence, including -- but not limited to -- possession of land or other assets, family relationships, employment, education, and prospects in Slovenia. As each person's situation is different, there is no single answer as to what constitutes adequate ties.
Q. I provided all the documents, but my application was turned down anyway. Why?
A. Consular officers refer to documents only if the documents can provide additional insight into the case. The application form, if completed thoroughly, contains all the information needed to adjudicate the visa. If additional documents are required, the officer will ask for them during the interview. The officer's final decision is based mainly on the face-to-face interview.
Q. Do letters of guarantee of return help get a visa?
A. Such a letter, even from a U.S. citizen, rarely establishes a visa applicant's ties to his or her home country. U.S. law requires each applicant to qualify for a visa in his or her own right.
Q. Will it help my application if I present a letter from my relative's U.S. Congressman or Senator?
A. Such letters are considered, but the applicant's circumstances in Slovenia and future intentions are still the key factors in the adjudicating officer's decision.
Q. Why are the visa interviews so short? I was asked only a couple of questions.
A. Consular officers interview dozens of applicants each day, and they develop skills that allow them to focus on the relevant information without delay.
Q. Isn't it better not to disclose that I have close relatives living in the U.S., or that I have an immigrant visa petition on file, or that I have previously been denied?
A. Full disclosure is best. Close relatives and pending immigrant petitions do not necessarily disqualify an applicant. Family ties are just one of many factors used in determining ties to one's home country. The consular officer can see information in our computer systems about nearly all previous visa denials worldwide.
Q. What happens if I conceal or misrepresent information or submit fraudulent documents?
A. If the consular officer uncovers any attempt to conceal or misrepresent relevant information, the visa will usually be denied, and the applicant may, in certain cases, be ruled permanently ineligible to enter the United States.
Q. Is it possible to get my application fee refunded if my visa was denied?
A. No, this is a non-refundable fee to cover the costs associated with the visa application process.
Q. Is a denial under Section 214(b) permanent?
A. No, a consular officer will reconsider a case if an applicant can show further convincing evidence of ties outside the United States. All the applicant needs to do is reapply for a nonimmigrant visa and bring the new evidence to the visa interview. Unfortunately, some applicants will not qualify for a nonimmigrant visa -- regardless of how many times they reapply -- until their personal, professional, and/or financial circumstances change considerably.
Q. Do you have to pay the application fee again to reapply?
A. Yes, the fee is paid at each application.
Q. Who can influence the consular officer to reverse a decision?
A. Our immigration law delegates the responsibility for issuance or refusal of visas to consular officers overseas. They have the final say on all visa cases. By regulation, the U.S. Department of State has the authority to review consular decisions, but this authority is limited to the interpretation of law, as opposed to the determinations of facts. The question at issue in denials that involve whether or not an applicant possesses the required residence abroad is a factual one. Therefore, it falls exclusively within the authority of consular officers at the Embassy to resolve. An applicant can influence the Embassy to change a prior visa denial only by presenting new convincing evidence of strong ties.
Common Misconceptions about the Visa Application Process
1. Qualification for a visa is based on presentation of documents.
This is not true. Qualification for a visa is based mainly on a brief face-to-face visa interview conducted by a consular officer. In the interview, the applicant must show that his or her circumstances meet the requirements of the Immigration and Nationality Act (INA).
Documents play only a supporting role in the visa interview and must only be shown when the consular officer asks for them. The only documents that are relevant to a visa application are those showing that an applicant's circumstances meet the requirements of the INA. Furthermore, no one document or piece of information can guarantee that an applicant will qualify for a visa -- including letters of recommendation or guarantee of return.
If the applicant's documents fail to show that his or her circumstances meet the requirements of the INA, then those documents are irrelevant. Invalid documents are also irrelevant, and fraud or misrepresentation can result in permanent ineligibility for a U.S. visa.
2. A person who does not qualify for a visa under Section 214(b) can qualify for a visa if he or she brings more documents to another visa interview.
This is not true. Qualification for a visa is based mainly on a brief face-to-face visa interview conducted by a consular officer. During the interview, the applicant must show that his or her circumstances meet the requirements of the INA.
3. Consular officers are available to discuss visa applications after a visa denial or in advance of the visa interview.
This is not the case. Due to time and staffing constraints, officers cannot take phone calls or answer emails that relate to individual visa applications.
Advice for those Assisting Applicants for Nonimmigrant Visas
How can I help?
You may provide a letter of invitation or support. It is possible, however, that the consular officer may not ask to see the letter during the brief interview, and you must understand that no letter or other single piece of paper can guarantee the issuance of a visa to a friend or relative. A visa applicant qualifies for a visa because his or circumstances meet the requirements of the Immigration and Nationality Act (INA), not because of a U.S. sponsor's assurance.
You are encouraged to supply such a letter directly to the visa applicant. The applicant can then bring the letter to the visa interview. It is not advisable that you send the letter to the U.S. Embassy in anticipation of a visa application.
What can I do if an acquaintance is refused a visa under 214(b) for lack of a residence abroad?
Encourage your relative, friend, or student to carefully review his or her situation and evaluate his or her ties to the home country realistically. You can suggest that they write down on paper what qualifying ties they think they have that may not have been evaluated at the time of their interview with the consular officer. Also, if they have been refused, they should review what documents were submitted for the officer to consider.
Applicants refused visas under Section 214(b) may reapply for a nonimmigrant visa. When they do, they will have to show further evidence of their ties or how their circumstances have changed since the time of the original application. It may help to answer the following questions before reapplying: (1) Did I explain my situation accurately?; (2) Did the consular officer overlook something?; and (3) Is there any additional information I can present to establish my residence and strong ties abroad?
Students & Visa Denials
Some students are confused when, after presenting an I-20 Form (Certificate of Eligibility for Nonimmigrant Student Status) from their chosen school in the U.S., they find they are not qualified for a student visa. Just as with visitors, Section 214(b) requires students to show they will leave the U.S. after they finish their studies. An I-20 Form is one of several documents that allow an applicant to apply for a student visa, but cannot guarantee qualification. If it appears a student's purpose is not to obtain an education that will advance their life in their home country, but will instead allow an indefinite stay in the U.S. for themselves or their family, the student will not qualify for a visa.
To reapply you must start the visa application process again. You are advised to reapply only if there are significant changes in your circumstances that were not presented at your previous visa interview.
Further Instructions & Information:
In the absence of significant changes in the case or your circumstances it is unlikely that you will be issued a visa
Please consider the full cost of reapplying for a visa before you start the visa application process again
You will be required to fill out new visa application forms and pay all the fees and charges again
There is no limit to the number of times you may apply for a U.S. nonimmigrant visa
To reapply for a visa, click here.
If the consular officer suspends further action on your case under Section 221(g) of the Immigration and Nationality Act (INA), then it means that your visa application was not complete, or that it requires further administrative action. It may be that you did not bring all the required documents with you to the interview, or possibly another U.S. government agency must review your visa application before the consular officer can make a final decision about your case. If your application is placed on hold under Section 221(g), then you must follow all the instructions given to you when the consular officer temporarily suspended action your visa application.
Further Instructions & Information:
If you were requested to wait until the U.S. Embassy contacts you, then please do not phone the Embassy or make an appointment. Your case requires further administrative processing and the Embassy will contact you once this processing has been completed.
You may be required to fill out a new visa application form. Refer to the instructions given to you at the time your visa application was temporarily denied.
If you reapply for a visa within one year of a Section 221(g) suspension, then you will not need to pay the visa application fee again.
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