INA section 214(b) of the I.N.A requires consular officers to “presume” that certain nonimmigrant visa applicants desire to remain in the Unites States. Therefore, such applicants must prove to the officer’s satisfaction that they meet each of the requirements for a particular nonimmigrant visa. Consular officers often issue boilerplate refusal notices citing INA 214(b) as the basis for denial. The most common basis for issuance of a INA 214(b) letter is that the applicant failed to prove an unabandoned foreign residence or nonimmigrant intent. There is no waiver of this ground of ineligibility. However, applications may be encouraged to reapply for reconsideration with new information, or if they feel their denial was based on a mistake of law.
An applicant whom the consular officer has determined falls within the “grounds of inadmissibility” will be refused a visa under a INA subsection of 212(a). These grounds of inadmissibility are a set of rules prohibiting the admission to the U.S. of certain classes of persons for crimes, medical reasons, security, because they would likely become public charges, for prior immigration violations, and other miscellaneous grounds. There are exceptions and waivers available to many of the grounds. This ground of ineligibility is not permanent, meaning that the fact that a visa applicant was unable to establish nonimmigrant status at one time would not preclude the applicant from subsequently qualifying for a visa by showing a change in circumstances.
An application will be subject to a “quasi-refusal “under INA § 221(g) if a final determination is deferred by the consular officer. An applicant who has been refused under INA 221(g) need not complete a new visa application form or pay the visa application fee again, if less than one year has elapsed since the latest refusal. (If the delay is due to U.S. Government action, there is no time limit). When the reason for the deferral has been addressed, the visa application form is to be retrieved from the post’s files, the new information noted, and the visa either issued or refused.