We assist applicants for tourist, business, student, work, fiancée, and immigrant visas. We provide professional legal services with the goal of:
Avoiding Visa Denials — The most effective way to avoid a visa denial is to thoroughly prepare for the visa interview. We conduct mock visa interviews. We help in properly and comprehensively completing the DS-160 visa application. We consult on document and problem issues. We prepare legal opinions in advance of an interview to seek to avoid a visa denial.
Overcoming Nonimmigrant and Immigrant Visa Denials and Revocations — We are able to help those who have had visas erroneously rejected or had their visas revoked.
We are also able to help those whose applications have been subject to unusually prolonged administrative processing (Section 221(g) of the Immigration and Nationality Act).
Alternative Solutions — For those who have been properly judged to be ineligible for a visa, we may provide assistance in securing a nonimmigrant waiver, an immigrant waiver or humanitarian parole.
214(b)
Section 214(b) of the Immigration and Nationality Act
Every year millions of nonimmigrant visa applications are denied under Section 214(b) of the Immigration and Nationality Act. US law places the burden on nonimmigrant visa applicants (except for H-1B and L-1s) to show that they are not intending immigrants. In addition, 214(b) requires that the applicant qualify for the visa and will act in accordance with its terms upon arrival to the US. Nonimmigrant visitor visa applicants (B) must show that they have a foreign residence that they have no intention of abandoning and are visiting the US temporarily for business or pleasure. Student visa applicants (F) have the additional burden of showing they have the qualifications necessary to pursue a full course of study and the intent to return to their home country upon the completion of their studies. Employment visa applicants must show that they have the qualifications for the visa for which they are applying.
Applicants refused nonimmigrant visas are handed standard rejection letters stating that the reason they were denied is because they lack strong ties to their home countries or do not meet the standards for issuance of the visa. In fact, the actual reasons for the denial under Section 214(b) vary greatly. As is often the case, the actual reason may not be a legitimate, valid reason. It is necessary to understand the consular officer’s rationale for the refusal, and when appropriate, challenge it. Failure to do so — silence — is viewed as agreement with the decision.
Every denial is specific to an individual’s circumstances. Please contact us to discuss your situation.