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发信人: bos (大侠), 信区: AdvancedEdu
标题: 据签分析
发信站: BBS 水木清华站 (Mon Jul 13 23:04:22 1998) WWW-POST

Visa Denials

Liza was excited. In three days her friend
Timothy would come visit her in the United
States. Suddenly, the phone rang. Liza
couldnt believe her ears! Sadly, Timothy told
her, "I cannot come...the consul said I am 214(b)."

On any given day throughout the world some
visa applicants find themselves in Timothys
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." To be
refused a visa when you are not expecting
it causes great disappointment and
sometimes embarrassment. Here is what a
214(b) visa refusal means and what
applicants and friends can do to prepare
for a visa reapplication.

WHY IS THERE A VISA REQUIREMENT?

The United States is an open society. Unlike
many other countries, the United States
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 United States,
aliens have a responsibility to prove they
are going to return abroad before a visitor or
student visa is issued. Our immigration law
requires consular officers to view every visa
applicant as an intending immigrant until the
applicant proves otherwise.

WHAT IS SECTION 214(b)?

Section 214(b) is part of the 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 admission, that he is
entitled to a nonimmigrant status...

"To qualify for a visitor or student visa,
an applicant must meet the requirements of
sections 101(a)(15)(B) or (F) of the INA
respectively. Failure to do so will result in a
refusal of a visa under INA 214(b). The most
frequent basis for such a refusal concerns
the requirement that the prospective visitor
or student possess a residence abroad
he/she has no intention of abandoning.
Applicants prove the existence of such
residence by demonstrating that they have
ties abroad that would compel them to leave
the U.S. at the end of the temporary stay.
The law places this burden of proof on the
applicant.

Our consular officers have a difficult job.
They must decide in a very short time if
someone is qualified to receive a temporary
visa. Most cases are decided after a brief
interview and review of whatever evidence
of ties an applicant presents.

WHAT CONSTITUTES "STRONG TIES"?

Strong ties differ from country to country,
city to city, 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 resience: your possessions,
employment, social and family relationships.

As a U.S. citizen or legal permanent resident,
imagine your own ties in the United
States. Would a consular office of a foreign
country consider that you have a residence
in the United States that you do not intend
to abandon? It is likely that the answer would
be "yes" if you have a job, a family, if you
own or rent a house or apartment, or if you
have other commitments that would require you
to return to the United States at the
conclusion of a visit abroad. Each person's
situation is different.

Our consular officers are aware of this
diversity. During the visa interview they look at
each application individually and consider
professional, social, cultural and other
factors. In cases of younger applicants
who may not have had an opportunity to form
many ties, consular officers may look at
the applicants specific intentions, family
situations, and long-range plans and prospects
within his or her country of residence.
Each case is examined individually and is
accorded every consideration under the law.

IS A DENIAL UNDER SECTION 214(B) PERMANENT?

No. The consular officer will reconsider a
case if an applicant can show further
convincing evidence of ties outside the
United States. Your friend, relative or student
should contact the embassy or consulate to
find out about reapplication procedures.
Unfortunately, some applicants will not
qualify for a nonimmigrant visa, regardless of
how many times they reapply, until their
personal, professional, and financial
circumstances change considerably.

HOW CAN I HELP?

You may provide a letter of invitation or
support. However, this cannot guarantee visa
issuance to a foreign national friend,
relative or student. Visa applicants must qualify for
the visa according to their own circumstances,
not on the basis of an American
sponsor's assurance.

WHAT CAN YOU DO IF AN AQUAINTANCE IS REFUSED A VISA UNDER 214(B)
FOR LACK OF A RESIDENCE ABROAD?

First encourage your relative, friend
or student to review carefully their situation and
evaluate realistically their ties. You can
suggest that they write down on paper what
qualifying ties they think they have which
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 consul to consider. Applicants refused
visas under section 214(b) may reapply for
a 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? (3) Is there any additional
information I can present to establish my
residence and strong ties abroad?

Your acquaintances should also bear in mind
that they will be charged a nonrefundable
application fee each time they apply for a
visa, regardless of whether a visa is issued.

WHO CAN INFLUENCE THE CONSULAR OFFICER TO REVERSE A DECISION?

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 authority to review
consular decisions, but this authority is
limited to the interpretation of law, as
contrasted to determinations of facts. The
question at issue in such denials, whether
an applicant possesses the required
residence abroad, is a factual one. Therefore,
it falls exclusively within the authority of
consular officers at our Foreign Service posts
to resolve. An applicant can influence the
post to change a prior visa denial only through
the presentation of new convincing
evidence of strong ties.

You may wish to send this brochure to your
relative, friend or student abroad. We hope
that a better understanding of section 214(b)
will prepare them for successful visa
interviews.

The phone rang. "Liza, its Timothy. I went back
to the Embassy for another interview! I
showed the consul more information about my job
and family. This time I got my
visa!" Liza was overjoyed. "Great!" she exclaimed,
I'll see you next week!"

U.S. Department of State
Bureau of Consular Affairs
Publication 10485
June 1997

Visa Services

--
A bug is something that does not do what you thought it would do.

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