Asian Journal- The Filipino-American Community Newspaper

"I truly believe that one of the hardest parts of a consul’s job is refusing a visa to a person who desperately needs to go to the US for some dire emergency, such as a sickly relative or for a funeral. However, Congress has enacted Section 214(b), and consuls are required by law, to follow the law."

In a previous, article, Idiscussed visa refusals under Section 214(b). Here is more information about visa refusals under Section 214(b).

How can I avoid a Section 214(b) refusal?You can possibly avoid such a refusal if you demonstrate "to the satisfaction of the consular officer that the applicant lawfully meets and will abide by all the requirements of the particular non-immigrant visa classification." For visitor’s, it would mean demonstrating sufficient roots and ties to the Philippines, and showing that you don’t have a motive, incentive, or reason to go TNT in the US If am refused a non-immigrant visa, will that affect my eligibility for an immigrant visa?

According to the Department of State (DOS), the fact that an alien is denied a non-immigrant visa under Section 214(b) does not mean that the alien is "inadmissible" to the US A person who is denied a non-immigrant visa under Section 214(b) may still be approved for an immigrant visa, provided there are no other grounds of inadmissibility (such as fraud, etc.).

Itruly believe that one of the hardest parts of a consul’s job is refusing a visa to a person who desperately needs to go to the US for some dire emergency, such as a sickly relative or for a funeral. However, Congress has enacted Section 214(b), and consuls are required by law, to follow the law. If they acted otherwise, they would not be doing their job properly. They are just like you in your job: your boss or supervisor has certain rules and procedures that you must follow, and if you don’t follow those rules or procedure (because you "feel sorry" for a customer), then you’re not doing your job well. But Ithink it is important that people who are applying for a visitor’s visas, student visas, or other such non-immigrant visas, understand that the burden is on them (as non-immigrant visa applicants) to prove their "innocence" of having immigrant intent, and if they do not do so, then the consul has no choice but to refuse the visa.

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Michael J. Gurfinkel is licensed, and an active member of the State Bar of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different. The information contained herein (including testimonials, "Success Stories," endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.

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( Published on September 11, 2009 in Asian Journal Northern California p. B3 )