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SonamP

What's the reason for my B1/B2 Visa rejection with 214(b)?

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Hi,

I had an interview on 14th may for my B1/B2 visa. I was planning to go to the US for tourism purpose. I got a refusal letter 214(b) from the consulate. I don't know why I got rejected for the B1/B2 visa.

I had all supporting documents with me like:

  1. My Bank Statement
  2. Employment Letter
  3. NOC
  4. Invitation Letter from my brother(He is working in New York, USA)
  5. Bank Statement of my brother bank account(for back up support)
  6. Copies of my brother's Passport and Visa(He has H1B visa)

(Although consulate didn't ask for any documents.)

The interview was started as follow:

Que: Why are you going there?

Ans: For tourism purpose.

Que: Who will pay for this trip?

Ans: I have sufficient bank balance. I will pay it myself.

Que: How long will you stay there?

Ans: For 14-15 days, I mean 2 weeks.

Que: What do you do?

Ans: I am a Software engineer.

Que: Where are you working?

Ans: XYZ company.

Que: With whom are you going?

Ans: Alone, my brother will pick me at New York.

Que: What does your brother do?

Ans: He is a Software Engineer at LinkedIn Corp.

Que: How long have you been working?

Ans: Around 3 years.

(Although my exact total experience is 2 years and 4 months. In my current company I have gained 1 year and 2 months experience and in my previous company I had 1 year and 2 months experience. Should I have told her exact total experience?). 

 

After that, she started to type on her computer and gave me a refusal letter and said "sorry, you are not qualified. Your visa application has been rejected".

I asked her the reason. She said, " it is written in the paper (214(b) which she had given to me) ". I didn't get the time to show her my documents which could convince her. Before saying anything she called next candidate. 

Here I am attaching the 214(b) refusal letter. 

Please let me know, why I was rejected?

How soon should I reapply for the B1/B2 visa?

Also, give me some tips. How should I have convinced the consulate?

Refusal-214(b).jpg

Edited by SonamP

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Reapply and tell the officer that you will be visiting for 6 weeks and make sure you have a leave letter with you. Do not hand over anything. Eye contact and confidence will go a long way. Tell him you want to visit The Statue Of Liberty, Liberty Island and make a trip to Niagara for the falls along with NYC. These form letters mean nothing. There is no supervision and VO'S who possibly hate this posting will sometimes act as per their whims and fancies and a different Officer may approve you without question.

What is your Brothers background? Did he study in a reputable Institute? Has he ever been out of status?

You may also like to get guidance from the firm of Murthy in Chennai.

Edited by pontevecchio

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According to that law 214(b), everyone I mean everyone, despite your qualifications, ethics, background is a potential immigrant.. in layman terms: each applicant is lying to get a visitor visa only to settle down in USA.. this law might have been holding some logical validity in the 1990s.. but not anymore in 2018 given applicants like you.. it just offends anyone with even little bit of self respect.. 

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it's likely that your transferable skill set (IT programming) is the main problem, as so many IT types from India have taken up similar work while in the US on a B2 or B1 visa.....

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On 5/17/2018 at 10:18 AM, cap-gap said:

According to that law 214(b), everyone I mean everyone, despite your qualifications, ethics, background is a potential immigrant.. in layman terms: each applicant is lying to get a visitor visa only to settle down in USA.. this law might have been holding some logical validity in the 1990s.. but not anymore in 2018 given applicants like you.. it just offends anyone with even little bit of self respect.. 

the law has been this way since 1952....lots of people from India have somehow 'forgotten' to return....in spite of having a job, etc....this case is nothing special (that I can see) and the applicant has an easily transferable skill set....and possibly even a job waiting for him in NY (whether legit or not remains to be seen)

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BTW, the law (214b) does not presume that every applicant is lying in order to get a visa...the law presumes that the applicant will be going to the US to remain permanently, until the applicant can convince the CO otherwise (i.e., proving a negative)...but the law does not require a CO to believe anyone....and, based on my own considerable experience, applicants do indeed lie....(and often try to hide their true motivations for seeking a visa)....there is no specific documents one can present nor is answering a question a certain way a guarantee of visa issuance....and for those having difficulties getting a visa, well, just offer a sincere thanks to your fellow countrymen who have indeed lied and cheated their way to a visa, then remained in the US. They are the ones causing your difficulties, not some CO.

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History 101: Look up EastIndia company. 

I don't want to dignify  illiterate and crude posts with a response anymore than that as this forum is intended to serve those that need constructive feedback.

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On 5/26/2018 at 11:22 AM, cap-gap said:

History 101: Look up EastIndia company. 

I don't want to dignify  illiterate and crude posts with a response anymore than that as this forum is intended to serve those that need constructive feedback.

No one, even me, can offer a 'sure fire' piece of constructive feedback that will improve someone's chances of getting a B2 visa...if that were instead true, I could make a small fortune selling such advice (having been a CO for more than 20 years and having interviewed tens of thousands of applicants)...my response was direct (something that a lot of folks don't like for some reason)....our laws do not award a B2 visa to anyone merely because they may have a job, etc....there is far more to the process than you know (or think you know)...since you've never been a CO, well, I am not sure from where you are getting your 'information' about the law and process.

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