According to the U.S. Department of State Bureau of Consular Affairs, Section 214(b) of the Immigration and Nationality Act states:
Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, that he is entitled to a nonimmigrant status.
Essentially, it is the officer's responsibility to determine if you qualify to get a temporary visa based on the information you provided and their short interaction with you. One of the primary consideration factors in deciding if you have the intention to abandon your country of residence and stay in the United States. For that reason, having "strong ties" to your country is important to establish with your immigration case. These ties can be a career, a family to take care of, real estate, other commitments, etc.
Top 5 Section 214(b) Visa Rejection Reasons
In practice, there are numerous reasons why you may receive 214(b) slip rejections. Below are the top 5 reasons your visa may have been denied under Section 214(b):
1. Staying for prolonged visits in the United States
If the consular officer sees that you have stayed for extended periods of time in the U.S., the officer may believe that you are not living in your home country or are an intending immigrant.
2. Returning to your home country to obtain a new visa after changing your status
Immigration officials can interpret this as deceptive if they believe your real intent from the first visa application was to change your status.
3. Pending (or denied) immigrant petition
If you have previously been denied an immigrant petition or have one pending, this can be a red flag for officials because it is clearly an intent to immigrate to the U.S.
4. Suspicion of fraudulent paperwork
Any inkling that you have submitted fraudulent documents for your case can be cause for denial.
5. Insubstantial financial resources for the trip
Not having solid financial support for your trip can cause concern with officials because you become a risk of being a public charge or having to seek unauthorized employment in the U.S. to pay for expenses.
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