Frequently Asked Questions
Frequently Asked Questions about Visa Refusals
Is a denial under Section 214(b) 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 United States, you may reapply.
Do refused applicants have to wait three to six months before reapplying?
There is no time restriction on resubmitting an application after a refusal. If you have additional information or supporting documentation to present which is substantially different from your initial application, you are encouraged to reapply. 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.
I presented all the documents I was told to bring, but my application was turned down anyway. What else should I bring?
The problem is not the documents. Rather, your current overall situation (as supported by those documents) was not adequate to overcome the presumption that you are an intending immigrant. Visa officers seldom dwell upon documents. What is at issue is intent. Documents alone never will establish applicants' intentions. If the consular officer made a decision in your case without a detailed scrutiny of your documents, it was because other circumstances of your case were clear. If your visa was refused, it is highly unlikely that any document you could provide would significantly alter the visa officer's decision about your intent.
Why are the visa interviews so short? I was refused after only a couple of questions and the interviewer hardly looked at my documents.
The visa officers handle thousands of applications every month. Based on this experience, we are able to quickly review the application forms and supporting documents in order to narrow the range in which questions may need to be asked. Keep in mind, most of the information we need is already supplied on the application form itself, so there is usually no need for the officer to ask more than a few additional questions. We often need only to verify your identity or clear up one or two points. In order to be fair to all applicants and to prevent long waits in line, we must work quickly and efficiently.
When I applied for a visa, I told the officer I would return to China after a short stay in the US. Why didn't the officer believe me?
We are required to evaluate your overall situation in reaching a decision. Your statement that you intend to return to China is helpful, but under the requirements of U.S. law, the statement alone is not adequate to show you have strong ties outside of the United States that would compel you to return to China. It is not that the officer did not believe you. Rather, the officer considered your statement along with the other evidence you brought to your interview and concluded that, on the whole, the evidence was not compelling.
I am the only son in my family and I need to return so that I can take care of my parents. Why didn’t the officer believe I would come back?
Our experience shows that being an only child has not deterred many travelers from remaining indefinitely in the U.S. This factor is not usually, in itself, sufficient to establish strong ties to China.
My company and my American friend have both written letters guaranteeing that I will return to China. Why isn't that considered to be enough proof that I actually will return?
A guarantee letter, like other forms of written documentation, will be considered by the interviewing officer. However, a letter, by itself, does not establish the applicant's ties to a place outside of the United States. Similarly, pledges from highly placed persons that you will return to China do not automatically enable applicants to overcome Section 214(b).
If my visa application is denied, would it help to have a high ranking official, or an American friend contact the interviewing officer?
No. United States law assigns the responsibility for issuance or refusal of visas to consular officers overseas. They have the final say on all visa cases. Additionally, United States law is designed to insulate the decisions in visa cases from outside influences. You can influence a reversal of a prior denial only through presentation of new convincing evidence of strong ties.
Why do many of the refused applicants get the same letter of explanation as to why they were turned down? For example, shouldn't the reason be different for a student visa applicant than a tourist visa applicant?
The legal basis for most visa refusals falls under Section 214(b) of the Immigration and Nationality Act. In most refusal cases, the applicant failed to show strong enough or stable enough ties outside the U.S. to convince the officer that the applicant will depart the United States after a temporary period. Your failure to be forthright during the visa interview may also raise credibility questions that will result in a visa refusal under this same section of the law.
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