New York Lawyer's Legal Updates

214(b) Visa Refusal: Can Legal Net Help?

Author: US Visa Attorney Alena Shautsova

214(b) Visa

214(b) denial of the US visa application is one of the most common reasons why a person cannot enter the US. This denial may be caused because a consul determined that a person has an immigrant intent while applied for a non-immigrant visa, or because the person failed to meet requirements for a visa:   an L-1 visa applicant may be refused under 214(b) if the consular officer finds he or she lacks one year of qualifying experience at the overseas company; an E visa applicant may receive a 214(b) refusal if the consular officer finds that either the company or the applicant fails to satisfy the treaty visa criteria. By contrast, an applicant for a B-2 visa may be refused on grounds under 214(b) if he or she is unable to overcome the presumption of immigrant intent because of a lack of evidence of a residence outside the United States.

LegalNet is an avenue to dispute unfair denial at the consulate. LegalNet’s opinion is usually respected by the consulate. The only caveat is that the officers of the LegalNet will not resolve the issues of facts, but only law (for the most part, since at times it is not possible to separate facts and law). But let’s say we have a situation where X, who presented ample evidence of ties with his home country was nevertheless denied a visa: LegalNet will not review the factual findings even if the consular officer was biased.

LegalNet also cannot resolve issues involving derogatory, wrong information contained in the CBP database or an unfavorable Security Advisory opinion.

Here are examples of situations when LegalNet can help:

  • applicability of the law to the issue of inadmissibility
  • applicability of the law to the issue of qualification for a waiver (in other words LegalNet can determine if a consulate correctly determined a person’s waiver eligibility)
  • legal analysis as to the carinal consequences of the criminal conduct
  • certain administrative processing issues
  • Legal questions about specific cases involving T visas, U visas, Diversity visas, or adoption visas;

An inquiry to the LegalNet may often resolve pending administrative processing; may help to fight on an inadmissibility determination made by a consular officer, or may help to overcome denial of a work visa. Make sure to prepare your argument well: LegalNet is used to deal with the questions of law and expects a professional, concise statement of the case and legal argument.

You can read more about the LegalNet functions here: https://fam.state.gov/fam/09FAM/09FAM010304.html

05 February 2019
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