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Consular Processing - Nonimmigrant - Frequently Asked Questions


What is Section 214(b) of the Immigration and Nationality Act?

Section 214(b) of the Immigration and Nationality Act (INA) states that ‘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 admission, that he is entitled to a nonimmigrant status’.


Is a denial under Section 214(b) of the Immigration and Nationality Act permanent?

No, if you have new information which was not presented to the interviewing officer at the time of your first application or if your overall circumstances have changed significantly since your last application and you can now better establish convincing ties outside of the U.S., you may reapply.

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How long do I have to wait before I reapply for Consular Processing of nonimmigrant visa?

There is no time restriction on reapplying for a nonimmigrant visa after a denial. If you have additional information or supporting documentation to present which is substantially different from your initial application you are encouraged to reapply.

Note: If your circumstances are unchanged and you will present only evidence which has already been reviewed recently by an officer, your chances of gaining approval on a second or third application are much lower. In such cases, it is probably better to wait until your personal circumstances have changed significantly before reapplying.


What constitutes ‘strong ties’ for the purpose of a nonimmigrant visa?

The meaning of ‘strong ties’ differs from country to country, city to city and individual to individual. Some examples of ties can be a job, a house, a family, a bank account. ‘Ties’ are the various aspects of your life that bind you to your country of residence like your possessions, employment, social and family relationships.

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