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What is a 221(g) visa refusal? What is a 214(b) refusal? Can I reapply for a visa if it was denied under 214(b)?

By June 29, 2020April 30th, 2021Immigration

When you are applying for a visa at a Consulate, your visa may be approved, but the Consular Officer may also deny your visa application under section 214(b) or 221(g).

What is a 214(b) visa denial?

If your visa is denied under section 214(b) means, that you did not meet the visa requirements.

Example 1

If you are applying for an E-2 visa and you did not make a substantial investment in the U.S., the Consular officer would most likely deny your application under section 214(b).

Example 2

If you are applying for a B visa and you did not bring any documents showing ties to your home country and you did not establish that you do not have intent to abandon your foreign residence, the officer could deny your visa application under section 214(b).

If you were denied visa under 214(b), you may always re-apply under the same visa category.

For example, in the first example above, you could re-apply for the E-2 visa immediately (there is no specific time you have to wait to re-apply) and submit the documents showing that you indeed invested money in the U.S. to demonstrate that you meet the E-2visa requirements. In the second example above, you could re-apply for the B visa and bring documents showing ties to your home country.

What is a 221(g) visa refusal?

Consular Officers usually refuse visa application under section 221(g) if visa applicants fail to provide information that is required by law or regulations.

For example, if you are applying for an E-2 visa and you have a criminal record, you should bring documents pertaining to the arrest to the interview. If you do not, the Consular Officer may refuse your visa under section 221(g). Please note that a 221(g) refusal does not bar a reconsideration of your visa application. This means, that you will normally be able to submit the missing documents to the Consulate, and a Consular officer will then re-consider your visa application.

Usually, the 221(g) refusal form will indicate where you should send the missing documents (some Consulates allow to email the documents). Upon receiving the documents, the Consular Officer will then decide if he grants the visa or denies the application.

Please note that if your visa was refused under section 221(g), it is considered to be a refusal, even if the refusal is eventually overcome.

Please also note that a 221(g) visa refusal constitutes a visa denial. This means, that if you have an ESTA and your visa was refused under 221(g), you should apply for a B visa instead. Please see our blog post on this when you click here.

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