How to Overcome the refusal?
USINFO | 2013-10-28 15:32


Some visa refusals can be overcome by the furnishing additional information by applicant information that establishes an applicant's eligibility for the visa. If you believe you have more information and evidence that can help visa officer to make the decision in your favor, you should reapply for the visa with all the information and supporting documents.

Other then the submitted documents. It is up to consular officers at U.S. embassies and consulates to determine eligibility on an individual basis on the merits of each case.

Most of the cases refusal (221g) can be just because of any documents missing or any additional information required by the consulate.

Applicants are refused under Section 214(b) INA if they are unable to demonstrate to the satisfaction of a consular officer that they have sufficiently strong and long-term family, social, and economic ties outside the United States which make them depart the United States after a temporary stay.

Consular officers tend to focus on factors that help us determine whether the applicants possess compelling ties to applicant’s home country:
•If the applicants have traveled to the U.S. previously, how long did they stay? If they stayed longer than 6 months, did they have INS approval to do so? (Note: Please have the applicants bring their INS extension approval notices to their interview).
•If the applicants have traveled to the U.S. previously, how long have they been back in home country?
•How many children and grandchildren do the applicants have back in home country?
•Have the relatives in the U.S. ever returned to home country to visit their families as is normal for foreign students, workers, and residents in the U.S.?
•Are the applicant active professionally in their home country; if so, what is their income and the nature of their work?

The answers to these questions relate to whether applicants can fulfill the statutory requirement of the Immigration and Nationality Act to show that they have a permanent residence in their home country.

Each case is different in its own and consular officer evaluates each visa application on its own merits according to visa law and procedures.

Often, older applicants( mostly visiting Parents) do not understand why their applications to return to the U.S. a second time are denied, even though INS approved an extension of stay during their previous visit. Usually, these applicants stayed in the U.S. for a year or more and have been back in home country only a short while. Under these circumstances, the applicants have great difficulty establishing that they have compelling social or professional obligations in their home country, thereby making them ineligible to receive another visa.

 

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