Us Tourist Visa Denial Under Section 214(b) Of The Immigration And Nationality Act
The following article will briefly delve into the issue of 214(b) denials of United States non-immigrant visas as well as the issue of expedited removal at a Port of Entry in the USA.
The United States of America has codified much American immigration law in the form of the American Immigration and Nationality Act also referred to as the INA. The language of the INA explains the conditions under which individuals may be granted lawful status in the US. One of the methods an alien national may use to travel to the USA and be lawfully admitted is through use of an American non-immigrant visa. Non-immigrant visas are, by definition, meant for temporary use by individuals who are not immigrating to the USA. Therefore, prior to allowing a foreign national to obtain a non-immigrant visa, a United States Consular Officer at a United States Mission, Embassy, or Consulate abroad must be satisfied that the applicant for a non-immigrant visa can overcome the legal presumption of immigrant intent enshrined in section 214(b) of the Immigration and Nationality Act. This section basically states that all applicants for a non-immigrant visa will be presumed to be undisclosed immigrants unless an applicant can present strong evidence to the contrary. A consequence of this presumption is that non-immigrant visas can be difficult to obtain especially when an applicant has a significant other who is either an American Citizen or Lawful Permanent Resident of the United States of America.
Consular presumption of immigrant intent is not the only issue that a prospective non-immigrant should be cognizant of as the United States Customs and Border Protection Service (USCBP) is entitled to place non-immigrants in expedited removal proceeding should a Customs and Border Protection Officer find that the prospective entrant, regardless of the fact that they hold a US non-immigrant visa, is an undisclosed immigrant to the USA who is not in possession of proper documentation. This issue first came to the forefront in the 90s as a result of the enactment of legislation known colloquially as IIRIRA (Illegal Immigration Reform and Immigrant Responsibility Act). The enactment of this legislation provided Customs and Border Protection Officers with the legal authority to remove foreign nationals entering the USA on non-immigrant visas if the Customs and Border Protection Officer at the Port of Entry finds that the foreign national is an intending immigrant and not in fact a non-immigrant.
Those removed in this manner are generally barred from reentering the USA for 5 years unless an application for advance permission to reenter is both submitted and approved by the United States Citizenship and Immigration Service (USCIS). Regardless of this possible remedy, those wishing to immigrate to the U.S. are wise to utilize the proper immigrant visa to do so as opposed to using a non-immigrant visa.
