214b Refusal – B1/B2, F1 Rejection & How to Re-Apply

Written by Anil Gupta
  By Anil Gupta - Updated on  5 Apr, 19
  0  

US Visa 214b denial sample
US Visa 214b denial sample

What is 214b Visa Rejection?

214B visa refusal is given to people who are not able to convince the US visa officer that they will return to their home country after visiting USA.

Example:

You are living in USA on H4 visa. You sponsor your parent and sister (21 years) to apply for B1 visitor visa to visit you in USA.

Your parent’s B1 visa is approved but 214b blue slip is issued at US embassy in Delhi, to refuse your 21 year old sister’s B1 visa application.

Is a Denial Under Section 214(b) Permanent?

214B visa denial is NOT permanent. You can apply visa again if you think you have new evidence which can prove that you will return from USA.

You cannot appeal the refusal but can apply for a fresh visa application and paying visa fees again.

214 b Refusal Reapply

You can re-apply for US visa even after getting 214B if you think your circumstances have changed and now you have some added proof that you will return from USA.

There is no time limit of 6 months to re-apply for visa again.

If you re-apply using the exact same information as you did in previous visa interview, your chances of visa denial are very high.

Example:

How to overcome 214 b visa rejection B1/B2

If your B1 visitor application has been issued “214(b) refusal ineligible for b1 visa” form, then you can re-apply using these documents:

  1.  Your job in home country
    1. You can show that you have a permanent well paying job in your home country. Payslips and Employment letter.
    2. Submit the leave approval application on official company letter head.
  2. Your home
    1. If you own a real estate, then show your property ownership papers.
  3. Your relationships with family and friends
    1. If you are married and if you are travelling alone, you can show your marriage ties to show that you will indeed return after after your US trip
    2. If you have kids and they are not travelling, you can show their birth certificate and school admission slips.
  4. Earlier B1/B2 Visit duration – If you have visited USA earlier and overstayed your approved i94 term, your B1/B2 visa renewal may be denied.
  5. Pregnancy travel – Legally, you are allowed to travel to US while pregnant, give birth and get birth US citizenship but it is a red flag for your B1/B2 visa renewal.
  6. Close Relative Entered on B1/B2 and Married US citizen – If any of your close relative used B1/B2 visa to enter USA and then never returned as they married a US citizen, your B1/B2 visa can be denied as visa officer may have strong doubts on your intention too.

How to Overcome 214 b Visa Rejection F1

F1 visa rejection is a bit tricky to overcome and convince the visa officer if you are denied even after getting av valid I-120 from your US school or college.

The most common cause of F1 denial for H4 dependent is the primary spouse is on H1B and his i140 has been approved.

  1. Your home – If you own a real estate, then show your property ownership papers to show that you will return after studying in USA.
  2. Day 1 CPT university –  If you have enrolled in a college which offers day 1 CPT option, it can be a big red flag on your intentions to study in USA.
  3. Your Financial status –  You should show sufficient bank balance in your home country to support your studies and stay in US.
  4. No intention of working while Studying – Your family in home country (or abroad with you) should have some kind of financial support structure so that they are not dependent on you while you are studying in US. You should not show an intention to work to make money to support you and your family.
  5. Studying a course that has no career option in home country – If you have enrolled in a course in USA which does not really have any scope of job in your home country, your intention is pretty much clear that you do not want to return.

214b visa rejection H1b

214B visa rejection is not usually given for H1B or L visa as it allows an immigrant intent meaning that you are allowed to have an intention of staying in US and file your Green card. H1B and L dependents like H4 and L2 are also not issued 214b denials.

H1B visa denials are issued Form 221(g) Admin processing instead.

This same intention of staying back in US permanently is not allowed for temporary visa like B1/B2 – visitor/Business and F1 study visa.

214b Form Sample

US Visa 214b denial sample
US Visa 214b denial sample

 









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