There are three general
statutory provisions upon which visa denials may be
based. They are Sections 212(a); 214(b); and 221(g)
of the Immigration and Nationality Act.
Section
212(a) lists all of the statutory grounds of
inadmissibility – such as criminal misconduct,
illnesses of public health significance, association
with terrorist organizations, prior immigration
misconduct, and similar reasons. There is an
in-depth explanation of these various grounds in the
“Inadmissibility”portion
of this site.
Many of
the grounds of inadmissibility specified by Section
212(a) can be overcome by waivers. Still, the
presumption is that if a ground of inadmissibility
applies, the applicant is ineligible to enter the
United States.
Section
212(a) applies to all foreign nationals seeking to
enter the United States: non-immigrants and
immigrants alike.
Section
214(b) on the other hand applies only to
nonimmigrant visa applicants. It does not apply in
cases involving applicants for immigrant visas
(“green cards”). Section 214(b) provides:
-
“(b) Every alien (other than a
nonimmigrant described in subparagraph (L) or
(V) of section 101(a)(15), and other than a
nonimmigrant described in any provision of
section 101(a)(15)(H)(i) except subclause (b1)
of such section) 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, and the
immigration officers, at the time of application
for admission, that he is entitled to a
nonimmigrant status under section 101(a)(15). .
. .”
This
means that every foreign national coming to the
United States is presumed to be an intending
immigrant. This, in turn, means that they must
either show that they are a lawful permanent
resident (“green card” holder) of the United States,
or that they are coming here for a highly specific
purpose and have a visa that is consistent with that
purpose. Someone who wants to work here will not be
allowed to enter with a visitor’s visa. Similarly
someone who intends to study here will not be
allowed to enter with a visitor’s visa.
It is
because so many people either overstay or seek to
change their status shortly after they arrive in the
US that consular officers and immigration inspectors
give very little credibility to bare statements of
intent by applicants. They want to see strong
circumstantial evidence that the applicant is coming
for a specific, temporary purpose and will return
home with that temporary purpose has been
accomplished.
The final
statutory provision is Section 221(g) of the Act.
This provision simply states that a visa may not be
issued unless and until all required supporting
documentation has been submitted:
-
“(g)
No visa or other documentation shall be issued
to an alien if (1) it appears to the consular
officer, from statements in the application, or
in the papers submitted therewith, that such
alien is ineligible to receive a visa or such
other documentation under section 212, or any
other provision of law, (2) the application
fails to comply with the provisions of this Act,
or the regulations issued thereunder, or (3) the
consular officer knows or has reason to believe
that such alien is ineligible to receive a visa
or such other documentation under section 212,
or any other provision of law: . . .”
This
section applies to both immigrants and
nonimmigrants.
