Under section 214(b) of the Immigration and Nationality Act (INA), every non-immigrant visa applicant, except for an L, V or H visa applicant, is presumed to be an immigrant both at the time he applies for a visa at the U.S. Consulate and for admission at the U.S. Border.
That being said, applications for non-immigrant visas must be submitted along with evidence of ties to the applicant’s country of residence. The visa applicant must convince the U.S. Consulate Officer or the Custom & Border Protection Officer (CBP), that although he wishes to enter the U.S., he in fact INTENDS to return to his country of residence.
Such evidence may include, but is not limited to the following: stable job, ownership of business and real estate, enrollment in a full time course of academic studies or other higher education, close family members that will be left behind, and any other evidence that will insure his return from the U.S.
Our immigration law firm is dedicated to protecting the rights of immigrants in New York City and throughout the state of New York. Do you need to apply for a visa under section 214(b) of the Immigration and Nationality Act? Contact our firm to consult an immigration attorney who can guide you through the process and be a strong advocate of your rights.