Nonimmigrant Intent- what is it, why is it important, and how to overcome a Section 214(b) denial

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Understand Section 214(b) and how it works

Information about Section 214(b) and nonimmigrant intent is available from the U.S. State Department's website at http://travel.state.gov/visa/frvi/denials/denials_1361.html

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Prepare for your consular interview or port of entry interview

It is important to prepare for the interview and be prepared to explain the legitimate temporary reason you want to come to the U.S. You will be asked only a few questions and the consular or port of entry officer will make a very quick judgment, so you need to establish your eligiblity right away. Prepare to explain your proposed trip and your plan to return to your country. Family, school, job and business ties are all important factors that you can use to explain why you will need to return to your home country. Be prepared also to discuss your financial resources that will allow you to visit the U.S. without the need to work in the U.S.

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Have documents with you to prove your nonimmigrant intent, but do not offer them unless needed

Again, the interview will be very fast, usually 2 to 3 minutes maximum. The consular or port of entry officer wants to hear from you first without regard to any documents you may have brought. Offering documents without being ready to answer questions will usually result in a denial. If the officer asks to see documents showing the ties to your home country, have them organized in folders for family ties (birth and marriage certificates, e.g.), school (a letter or transcripts showing ongoing studies and current enrollment, job (have a current letter on company letterhead explaining your employment and temporary leave, business (contracts, website printouts, etc.), and financial resources (tax returns, bank statements, investment account statements, etc.).

Additional Resources

http://travel.state.gov/visa/frvi/denials/denials_1361.html

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