Asked in Immigration Law

Q: can you please interpret this section 214[b] of the US immigration and Nationality act for denial of F1 student visa.

I went for interview in prepation for schoolresumption for Msc in Biology at western illinois university,Macomb given with i20 form,sevis payment confirmation and all required document,only to be denied and reason given as ineligible under section 214[b] of the US immigration and Nationality Act.

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1 Lawyer Answer
Monica E Rottermann
Monica E Rottermann
Answered
  • Immigration Law Lawyer
  • Santa Ana, CA

A: Denial of a nonimmigrant visa under INA § 214(b) means that the consular officer found that you did not overcome the presumption of being an intending immigrant. Every applicant for a nonimmigrant visa is presumed to be an immigrant unless the applicant establishes to the satisfaction of the consular officer that they are entitled to the nonimmigrant status requested. What this means is that an applicant must establish that they do not intend to permanently reside in the United States, will return to their country when their nonimmigrant status ends, has sufficient ties in their home country to establish that their return is likely, and has sufficient funds to support themselves during the time they will be in the United States.

Here is the complete language of INA § 214(b):

Presumption of status; written waiver

Every [noncitizen] (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101(a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101(a)(15)(H)(i) of this title except subclause (b1) of such section) 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, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101(a)(15) of this title. A [noncitizen] who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or a [noncitizen] who is the attendant, servant, employee, or member of the immediate family of any such [noncitizen] shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257(b) of this title.

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