The rejection can be due to various reasons, such as inaccurate information or insufficient documents, or failure to prove eligibility. Let’s understand what the latter means for your chances of getting a US tourist visa.

What Does Section 214(B) Say?

Section 214(B) of the US Immigration and Nationality Act states that every individual who applies for a visa is presumed to be an intending immigrant, until they can prove otherwise to the consular officer. So, you will need to present certain types of evidence that prove that you intend to return to your home country once your visa expires, if not before that, such as:

• The nature of your trip is temporary and is focused on leisure, business or medical treatment. You can provide trip itineraries, letters from your doctors in your home country and in the US, etc., for this
• You have adequate funds to support your stay in the US,
• You have a residence and other social and economic ties that will compel you to return home.

What Kind of Proof is Needed?

Visa applicants are required to overcome this obstacle of presumption by providing documents that show their “ties” to their home country. This may include proof of employment, assets, or dependant family members.

In case of younger applicants, who may not have any employment or asset-related proof, the US also accepts school grades, educational status and other long range plans.

When an individual is unable to prove their eligibility for the tourist visa, they receive a refusal under Section 214(B).

Is This Refusal Permanent?

No, you can still get your application approved. But the consular officer will only take up your case again if you can show some really convincing evidence. So, you shouldn’t reapply for a visa until there have been some significant changes in the information or circumstances, that was not shown during the previous visa interview.

Myths Surrounding Refusal Under 214(B)

A common misconception among applicants is that when a person receives a refusal under Section 214(B), there is a need for more documents to get the visa approved. This is totally untrue, since your chances of approval depend a lot on how well your visa interview goes too.

Student Visa Refusals

If you had applied for a student visa and were denied, despite submitting a Certificate of Eligibility for Non-Immigrant Student Status (I-20), you need to know one thing. Just as for tourist visas, Section 214(B) requires you to prove your intent to leave America on the completion of your studies. So, while I- 20 is one of the required documents, it doesn’t guarantee your eligibility.

Sometimes, students may be seen as ineligible if the consular officer gets the impression that the student does not intend to return to their home country after the course of study ends, but intends to find ways to remain in the US indefinitely.

How to Reapply for the Visa?

Once your application is rejected under Section 214(B), you need to fill the DS-160 form once again and pay the visa fees, just as you did the first time. Also, remember that changing the US consulate you apply to won’t improve your chances, since they will already have complete information about you.

In the visa interview, you have to clearly show the changes in your social or economic ties since the last time you appeared for the interview.

Stop right there. This refusal does not mean you are permanently ineligible for a visa or that you need to go through the entire application process once again. Refusal under 221(G) only means that your application lacked some essential information or needs some administrative processing, due to which it has been put on hold. 

To help you take the necessary actions, here’s a guide on what to do after 221(G) visa refusal.

What does Refusal Under 221(G) Mean

At the end of the visa interview, you will be told whether your case is missing some documents, or whether it needs additional processing. You will also be informed about the process to submit the additional documents, if any are required.

This is done via a 221(G) form, which will be given to you, along with a written letter. The letter will state that you have 12 months from date of the interview to submit the necessary documents. Beyond this window, you will need to pay the $160 visa fee once again, since your application will get terminated under Section 203(E) once the one-year time period lapses.

There are various types of 221(G) forms, each having a different color and a specific meaning attached to it. Here’s a look.

Yellow Form

This is issued when the consulate requires more time to examine the documentation provided. The time taken by the consulate to revert to you can fluctuate, depending upon their current workload.

White Form

This denotes a complex category under 221(G). This form represents the need for further processing by the US Citizenship and Immigration Services (USCIS). The final decision will then be taken on the basis of information given by the USCIS.

Blue Form

This form is issued when the US consulate needs some additional supporting documents before it can make its approval decision regarding your visa.

Pink Form

When the consular officer suspects the integrity of the information provided, you will be issued a pink form. The information can be related to the purpose of your visit, work or educational qualifications. You will also get a reference ID, which will help track the application online.

Steps for Submission of Documents

The required documents need to be submitted at the CGI document collection office. Here are the steps you need to follow.

1. Print a Document Submission Letter and complete the checklist
2. Visit your nearest document pickup location. Bring all the documents mentioned in the 221(G) letter, along with your submission slip.
3. Drop them off at the CGI document collection office and get the 221(G) Acknowledgement slip.

Your documents will be delivered to the consulate and, once processed, the documents will be returned to your chosen pickup location. In case you have been asked by the consulate to wait, do not rush to make an appointment. After the administrative processing has been completed, they will get in touch with you.