Nonimmigrant Visa Unit
Visa Refusals
U.S. consular officers are only allowed to issue nonimmigrant visas to those applicants who qualify under the law. A visa can be refused for a variety of reasons. For example, your visa application could be denied if you have a criminal record, if you lie during your visa interview, or if you have lived in the United States illegally. There are many other possible reasons that a visa application can be refused. Please see 9 FAM 40.6 Exhibit I for an abridged list of ineligibilities (that is, reasons your visa may be refused). A consular officer normally will inform the applicant in writing of the basis of the refusal.
Section 214(b)
The majority of nonimmigrant visa refusals are made under Section 214(b) of the Immigration and Nationality Act. Section 214(b), which applies to all B-1/B-2 applicants (as well as to applicants for most other nonimmigrant visa classifications), presumes that an applicant is an intending immigrant (generally, that he or she plans to stay permanently in the United States or plans to work illegally) and places the burden on the applicant to convince the consular officer of the contrary. If the applicant fails to convince the consular officer, the law requires the consular officer to deny the visa.
Applicants overcome the intending immigrant presumption of Section 214(b) by showing that their overall circumstances, including social, family, economic and other ties to Colombia, will compel them to leave the United States at the end of a temporary visit. "Ties" are the various aspects of life that bind the applicant to Colombia, such as his or her family relationships, employment and possessions. Because each applicant's situation is different, there is no single factor that demonstrates compelling ties to Colombia.
A visa denial under Section 214(b) is not permanent. Visa seekers may reapply for a visa at any time by following the instructions in the How to Apply for a Visa page. However, we recommend that they do so only if they believe that they will be able to show that they are eligible for the visa based on the guidance provided above. That is, we recommend against reapplying unless the applicant's family, professional or economic situation has changed sufficiently to warrant a change in the consular officer's decision.
Section 221(g)
Section 221(g) of the Immigration and Nationality act is also a common reason for visa refusals. A refusal under Section 221(g) means that the applicant failed to submit some information or a document, or that some further review by the U.S. Department of State is required. When an applicant is refused under Section 221(g), the consular officer gives him or her a letter that explains what, if anything, the applicant needs to do.
If the letter asks the applicant to return to the Embassy with a particular piece of missing information (for example, birth certificate or job letter), the applicant must contact the Visa Information Center to schedule an appointment to return to the Embassy. If the letter informs the applicant that the Embassy will contact him or her when "administrative processing" is complete, this means there is no action required of the applicant.
Appeals
There is no appeal or reconsideration process for visa refusals. However, applicants may re-apply for a visa at any time by following the instructions on the How to Apply for a Visa page.