US visa interview, 214(b) refusal and administrative processing explained

The four points an officer needs to see

The law presumes every B1/B2 applicant is an intending immigrant, and the burden of proof is on the applicant. The official list is:

• The purpose of the trip is a temporary visit, such as business, pleasure or medical treatment.
• You plan to remain for a specific, limited period.
• You have funds to cover your expenses in the United States.
• You have a residence outside the United States and other binding social or economic ties that will ensure your return.

Most cases are decided after a brief interview. Officers consider professional, social, cultural and other factors case by case. For younger applicants who have had less opportunity to form ties, they may look at specific intentions, family situation and long-range plans in the country of residence.

Prepare to state these four points truthfully and clearly, and keep your answers consistent with your DS-160 and documents. This guide does not offer interview scripts.

What a 214(b) refusal means

Section 214(b) of the Immigration and Nationality Act presumes an applicant to be an immigrant until they satisfy the consular officer that they are entitled to nonimmigrant status. It is the most common ground for refusing a nonimmigrant visa.

It is more than ties. The Foreign Affairs Manual explains that a 214(b) refusal means the applicant failed to qualify for the visa class. The most common reason is not convincing the officer that they are not an intending immigrant, but another unmet requirement of the class leads to the same refusal.

Ties are the aspects of life that bind you to your country of residence: employment, a home, family, a bank account. They differ by country, city and person, and no single standard applies.

After a 214(b) refusal

• It is not a permanent ineligibility, unlike a finding based on fraud.
• You may reapply. You will need to show further evidence of ties or how your circumstances have changed since the earlier application.
• Each new application needs a new DS-160 and another non-refundable fee.
• No waiver is available for 214(b). Consular officers decide visa cases, and the Department of State's review authority is limited to interpretation of law, not findings of fact.

The official advice is to ask three questions before reapplying: Did I explain my situation accurately? Did the officer overlook something? Is there additional information I can present to establish my residence and strong ties abroad?

The same guidance notes that some applicants will not qualify, however often they reapply, until their personal, professional and financial circumstances change considerably.

221(g): missing information or administrative processing

A 221(g) refusal means essential information is missing or the application needs further administrative processing. The officer tells you at the end of the interview and gives a written letter listing any documents requested.

• You have 12 months from the application or interview date to submit the documents without a new fee.
• After one year the application is terminated unless administrative processing is continuing.
• Processing time varies by case. Most administrative processing is resolved within 180 days of the interview.
• Wait at least 180 days from the interview or the submission of supplemental documents, whichever is later, before asking about status, except for emergencies such as serious illness, injury or death in your immediate family.

Two actions with lasting consequences

Presenting false documents. Fraud or misrepresentation can result in permanent visa ineligibility.

Hiding an arrest or conviction. If you have ever been cited, arrested or convicted, you must disclose it even if the charge was dismissed or the conviction is spent, and be ready with the police certificate and court documents.