Refusal of a Non-Immigrant Visa
You have been refused a U.S. visa in accordance with Section 214(b) of the Immigration and Nationality Act. This section of the law obligates the consular officer to consider each applicant to be an intending immigrant or to be seeking employment in the U.S. During the interview process, the burden of proof falls on the applicant to overcome this presumption by demonstrating to the satisfaction of the consular officer that the applicant has strong ties to his/her country of residence that will guarantee his/her departure from the United States after a temporary stay. Unfortunately, after careful consideration of your visa application, it has been determined that at this time your personal circumstances and your overall ties to Turkmenistan are insufficient to qualify you for a non-immigrant visa under U.S. law.
Frequently Asked Questions About Non-Immigrant Visa Refusals
Q. What are “strong ties”?
A. The term “strong ties” is different in each case. Examples of such ties can include, but are not limited to, family and social relationships, property ownership, employment, and financial stability. Because every individual’s personal circumstances are unique, there is no magic formula for what will qualify an individual for a visa.
Q. My visa application was refused, is it possible to appeal the consular officer’s decision?
A. Immigration law delegates the responsibility for issuance or refusal of visas to consular officers overseas. They have the final say in all visa cases. A consular officer’s determination whether or not a person qualifies for a nonimmigrant visa is based solely on what the applicant’s circumstances indicate his/her intentions to be. All appeals should be in writing and mailed to the Consular Section for review. The Consular Section will then inform the applicant about the result of the appeal.
Q. Can my friend or relative in the U.S. guarantee my return?
A. No. All visa applicants must qualify based on their individual ties to Turkmenistan. Assurances from friends or relatives in the U.S. are not sufficient grounds for visa issuance.
Q. Was my visa application refused due to a lack of documents?
A. No. A consular officer’s decision regarding your eligibility for a nonimmigrant visa is based on the officer’s knowledge of U.S. Immigration Law, local conditions and the information provided by you during the interview. If your visa was refused without a request for additional documents, it indicates that sufficient information was available to the officer at the time of the interview to determine your qualifications under U.S. law.
Q. My visa was refused. Can I request a refund of the application fee?
A. Every applicant must pay a visa application fee when he/she submits documents to the Consular Section. This fee is nonrefundable, regardless of whether a visa is issued or refused. This fee is required worldwide for all visa applicants and offsets the cost of processing your application.
Q. When can I reapply?
A. Refusal of a nonimmigrant visa under this section of the law does not mean that you will never be able to go to the United States and does not deprive you of the right to apply for a visa again. We strongly recommend that only those who can prove that there have been serious changes in your life or overall situation since your last visa interview reapply. Before applying for a visa again, you should thoroughly analyze the reasons for the refusal and think about new ways to demonstrate your intent to return to Turkmenistan that have not been previously discussed with the consular officer.