INA Section 214(b) - Visa Qualifications and Immigrant Intent
What does a visa denial under INA section 214(b) mean?
This law applies only to nonimmigrant visa categories. If you are refused a visa under section 214(b), it means that you:
Ties are the various aspects of your life that bind you to your home country. Strong ties vary from country to country, city to city, and person to person, but examples include:
Is a refusal under section 214(b) permanent?
No. A refusal, or ineligibility, under section 214(b) is for that specific application, so once a case is closed, the consular section cannot take any further action. There is no appeal process. If you feel there is additional information that should be considered related to the visa decision, or there are significant changes in your circumstances since your last application, you may reapply for a visa. To reapply, you must complete a new application form, pay the application fee, and schedule an appointment for a new interview. Review the website of the U.S. embassy or consulate where you plan to reapply to learn about any reapplication procedures.
This law applies only to nonimmigrant visa categories. If you are refused a visa under section 214(b), it means that you:
- Did not sufficiently demonstrate to the consular officer that you qualify for the nonimmigrant visa category you applied for; and/or
- Did not overcome the presumption of immigrant intent, required by law, by sufficiently demonstrating that you have strong ties to your home country that will compel you to leave the United States at the end of your temporary stay. (H-1B and L visa applicants, along with their spouse and any minor children, are excluded from this requirement.)
Ties are the various aspects of your life that bind you to your home country. Strong ties vary from country to country, city to city, and person to person, but examples include:
- Your job;
- Your home; and/or
- Your relationships with family and friends.
Is a refusal under section 214(b) permanent?
No. A refusal, or ineligibility, under section 214(b) is for that specific application, so once a case is closed, the consular section cannot take any further action. There is no appeal process. If you feel there is additional information that should be considered related to the visa decision, or there are significant changes in your circumstances since your last application, you may reapply for a visa. To reapply, you must complete a new application form, pay the application fee, and schedule an appointment for a new interview. Review the website of the U.S. embassy or consulate where you plan to reapply to learn about any reapplication procedures.
INA Section 212(a)(2) - Criminal and Related Ineligibilities
What does a denial under INA section 212(a)(2) mean?
It depends on the specific subsection of section 212(a)(2) under which you were refused, or found ineligible, for a visa. Below are several subsections, as examples. This is not a complete list of all subsections of INA section 212(a)(2), and these descriptions are intended to be summaries, not the full legal text.
Is a refusal under section 212(a)(2) permanent?
A refusal, or ineligibility, under section 212(a)(2) may be permanent, depending on the specific 212(a)(2) subsection under which you are ineligible.
It depends on the specific subsection of section 212(a)(2) under which you were refused, or found ineligible, for a visa. Below are several subsections, as examples. This is not a complete list of all subsections of INA section 212(a)(2), and these descriptions are intended to be summaries, not the full legal text.
- Section 212(a)(2)(A)(i)(I) – The applicant was convicted of, or admitted to committing, a crime involving moral turpitude. Examples of crimes which may be considered to involve moral turpitude include fraud, robbery, tax evasion (willful), assault, and kidnapping. This is not a complete list of crimes which may be considered to involve moral turpitude.
- Section 212(a)(2)(A)(i)(II) – The applicant was convicted of, or admitted to committing, a drug violation. (A drug user who has not been convicted, or who has not admitted to committing, a drug violation may be ineligible for a visa under INA section 212(a)(1)(A)(iv) as a drug abuser or addict.)
- Section 212(a)(2)(B) – The applicant was convicted of two or more offenses for which the sentences to confinement totaled five years or more.
- Section 212(a)(2)(C) – The consular officer who interviews the applicant, or the U.S. Attorney General, knows or has reason to believe that the applicant is or was a drug trafficker. (If convicted for drug trafficking, the consular officer will determine whether the applicant is ineligible under INA section 212(a)(2)(A)(i)(I).)
- Section 212(a)(2)(D) - The applicant was convicted of prostitution or commercialized vice; procuring or importing prostitutes or persons for the purpose of prostitution.
- Section 212(a)(2)(H) – The applicant committed or conspired to commit human trafficking offenses.
Is a refusal under section 212(a)(2) permanent?
A refusal, or ineligibility, under section 212(a)(2) may be permanent, depending on the specific 212(a)(2) subsection under which you are ineligible.
INA Section 212(a)(4) - Public Charge
Why was I refused under INA section 212(a)(4)? What is meant by “public charge”?
Visa applicants need to satisfy this provision of law by demonstrating proof of adequate financial support in the United States. A visa refusal, or ineligibility, under section 212(a)(4) of the INA means that the consular officer determined that you are likely to become a public charge in the United States. Public charge means that the consular officer determined that you are likely to become primarily dependent on the U.S. government for your existence and financial support in the United States.
Is a refusal under section 212(a)(4) permanent?
A refusal, or ineligibility, under section 212(a)(4) can be overcome in certain circumstances, as explained below.
Immigrants - Most immigrant visa applicants are required to submit an Affidavit of Support (Form I-864, I-864A, I-864W, or I-864EZ, as applicable) from the U.S. sponsors who filed petitions for them. If your U.S. sponsor does not meet the requirements of the Affidavit of Support, you may present a second Affidavit of Support from a qualifying joint sponsor. Learn more about the Affidavit of Support.
Some categories of immigrant visa applicants are not required to have Affidavits of Support. These are categories where no U.S. citizen or lawful permanent resident relative filed a petition on your behalf, including most employment-based immigrants and diversity visa (DV) applicants.
If you are applying for an immigrant visa category where the Affidavit of Support Form is not required, the following are examples of how you could demonstrate to the consular officer that you will have financial support in the United States:
Nonimmigrants - You must demonstrate sufficient financial support during your temporary stay in the United States. Public charge denials are less frequent for nonimmigrant visa applications, but can occur, for example, in the case of a visa applicant seeking medical treatment in the United States without adequate funds to pay for treatment. Learn more about applying for a visitor visa for medical treatment.
In order to overcome a denial for public charge reasons, you must demonstrate you will have sufficient financial support in the United States. The consular officer will review the additional evidence you submit to determine whether it is sufficient to overcome your ineligibility under section 212(a)(4).
Visa applicants need to satisfy this provision of law by demonstrating proof of adequate financial support in the United States. A visa refusal, or ineligibility, under section 212(a)(4) of the INA means that the consular officer determined that you are likely to become a public charge in the United States. Public charge means that the consular officer determined that you are likely to become primarily dependent on the U.S. government for your existence and financial support in the United States.
Is a refusal under section 212(a)(4) permanent?
A refusal, or ineligibility, under section 212(a)(4) can be overcome in certain circumstances, as explained below.
Immigrants - Most immigrant visa applicants are required to submit an Affidavit of Support (Form I-864, I-864A, I-864W, or I-864EZ, as applicable) from the U.S. sponsors who filed petitions for them. If your U.S. sponsor does not meet the requirements of the Affidavit of Support, you may present a second Affidavit of Support from a qualifying joint sponsor. Learn more about the Affidavit of Support.
Some categories of immigrant visa applicants are not required to have Affidavits of Support. These are categories where no U.S. citizen or lawful permanent resident relative filed a petition on your behalf, including most employment-based immigrants and diversity visa (DV) applicants.
If you are applying for an immigrant visa category where the Affidavit of Support Form is not required, the following are examples of how you could demonstrate to the consular officer that you will have financial support in the United States:
- Your own personal funds;
- A job offer in the United States; and/or
- Sponsorship from a U.S. resident.
- A letter from the U.S. resident stating financial support of you while in the United States;
- Documents showing that the U.S. resident can financially support you, such as bank statements or pay stubs; and/or
- An Affidavit of Support (Form I-134).
Nonimmigrants - You must demonstrate sufficient financial support during your temporary stay in the United States. Public charge denials are less frequent for nonimmigrant visa applications, but can occur, for example, in the case of a visa applicant seeking medical treatment in the United States without adequate funds to pay for treatment. Learn more about applying for a visitor visa for medical treatment.
In order to overcome a denial for public charge reasons, you must demonstrate you will have sufficient financial support in the United States. The consular officer will review the additional evidence you submit to determine whether it is sufficient to overcome your ineligibility under section 212(a)(4).
INA Section 212(a)(6)(C)(i) - Fraud and Misrepresentation
What does a denial under INA section 212(a)(6)(C)(i) mean?
You were refused, or found ineligible, for a visa under section 212(a)(6)(C)(i)because you attempted to receive a visa or enter the United States by willfully misrepresenting a material fact or committing fraud. This is a permanent ineligibility, so every time you apply for a visa, you will be found ineligible for this reason.
You will be advised by the consular officer if you can apply for a waiver of this ineligibility. Review Can every applicant who is ineligible apply for a waiver? for more information.
What is meant by misrepresentation of a material fact?
Misrepresentation means that you falsely presented facts and were not truthful in an attempt to receive a visa or enter the United States. A fact is considered material, as it pertains to this section of the INA, when, had the truth been known, you would not have been eligible to receive a visa or enter the United States.
You were refused, or found ineligible, for a visa under section 212(a)(6)(C)(i)because you attempted to receive a visa or enter the United States by willfully misrepresenting a material fact or committing fraud. This is a permanent ineligibility, so every time you apply for a visa, you will be found ineligible for this reason.
You will be advised by the consular officer if you can apply for a waiver of this ineligibility. Review Can every applicant who is ineligible apply for a waiver? for more information.
What is meant by misrepresentation of a material fact?
Misrepresentation means that you falsely presented facts and were not truthful in an attempt to receive a visa or enter the United States. A fact is considered material, as it pertains to this section of the INA, when, had the truth been known, you would not have been eligible to receive a visa or enter the United States.
INA Section 212(a)(9)(B)(i) - Unlawful Presence in the United States
What does a denial under INA section 212(a)(9)(B)(i) mean?
You were refused, or found ineligible for, a visa under section 212(a)(9)(B)(i)because you were considered to have been unlawfully present in the United States, if:
You were refused, or found ineligible for, a visa under section 212(a)(9)(B)(i)because you were considered to have been unlawfully present in the United States, if:
- You stayed in the United States after the expiration date for the period of stay authorized by the Department of Homeland Security (DHS), Customs and Border Protection (CBP) for you, without the required authorization to extend your stay; or
- You entered and were present in the United States without receiving the required authorization from CBP.
- When unlawfully present in the United States for 180 days or longer but less than one year, you are ineligible for a visa for 3 years after departure from the United States; or
- When unlawfully present in the United States for one year or longer, you are ineligible for a visa for 10 years after departure from the United States.
List of Ineligibilities
This webpage discusses some of the more common visa ineligibilities. For a complete list of visa ineligibilities and more information from the Immigration and Nationality Act (INA), and amended laws, review Ineligibilities and Waivers: Lawson this site.
Waivers of Ineligibility
What is a waiver?
The Immigration and Nationality Act (INA) contains provisions that may allow a visa applicant who was denied a visa for a particular ineligibility to apply for a waiver of that ineligibility. The Department of Homeland Security (DHS) adjudicates all waivers of ineligibility. Waivers are discretionary, meaning that there are no guarantees that DHS will approve a waiver for you. If the waiver is approved, you may be issued a visa.
Can every applicant who is ineligible apply for a waiver?No. If you are found ineligible for a visa, the consular officer will inform you if can apply for a waiver of ineligibility. The following factors will determine if you may apply for a waiver:
If you can apply for a waiver, the consular officer at the U.S. embassy or consulate where you applied will inform you how to apply.
Immigrant Visa and K Nonimmigrant Visa Applicants - If you can apply for a waiver, you must mail Form I-601, Application for Waiver of Grounds of Inadmissibility, directly to a U.S. Citizenship and Immigration Services (USCIS) Lockbox facility, with few exceptions. Learn more on the USCIS website.
The Immigration and Nationality Act (INA) contains provisions that may allow a visa applicant who was denied a visa for a particular ineligibility to apply for a waiver of that ineligibility. The Department of Homeland Security (DHS) adjudicates all waivers of ineligibility. Waivers are discretionary, meaning that there are no guarantees that DHS will approve a waiver for you. If the waiver is approved, you may be issued a visa.
Can every applicant who is ineligible apply for a waiver?No. If you are found ineligible for a visa, the consular officer will inform you if can apply for a waiver of ineligibility. The following factors will determine if you may apply for a waiver:
- Whether a waiver of ineligibility is available for the particular section of law you are ineligible under;
- You must be fully qualified for the visa you applied for, except for that specific ineligibility, in order to be able to apply for the waiver;
- If you are applying for a nonimmigrant visa, generally whether the consular officer who found you ineligible recommends to DHS that you receive a waiver; and
- If you are applying for an immigrant visa, whether a waiver is available for your particular situation. (For example, for certain visa ineligibilities when applying for an immigrant visa, you can only apply for a waiver if you have a U.S. citizen or lawful permanent resident spouse or parent who would endure extreme hardship if you were not able to immigrate.)
If you can apply for a waiver, the consular officer at the U.S. embassy or consulate where you applied will inform you how to apply.
Immigrant Visa and K Nonimmigrant Visa Applicants - If you can apply for a waiver, you must mail Form I-601, Application for Waiver of Grounds of Inadmissibility, directly to a U.S. Citizenship and Immigration Services (USCIS) Lockbox facility, with few exceptions. Learn more on the USCIS website.