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Overstayed US visa led to me subsequently being refused entry: what can I do to gain a visa in future?
I over stayed my holiday visa by 8 days and was subsequently refused entry to America. I have been to the American embassy in London more recently they have still refused my application. My circumstances have changed since then - I now have more commitments such as a mortgage etc. What do I need to do to visit America again? - please advise my situation
To be refused a visa when you are not expecting it causes great disappointment and sometimes embarrassment but the American authorities view overstays very seriously and anyone risking one in the USA is strongly advised to seek a visa extension rather than attempting to overstay illegally.
The chances are you were told on your reapplication for a visa following the overstay: "Your visa application is refused. You are not qualified under Section 214(b) of the Immigration and Nationality Act."
Section 214(b) is part of the Immigration and Nationality Act (INA). It states: "Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status."
This means that before you are approved for a visa, you must prove that you will return to your country. You must prove that you have no intention of abandoning your residence there.
The law places the burden of proof on you to prove that you have strong ties in your country that would compel you to leave the U.S. at the end of your temporary stay.
Strong ties differ from country to country, city to city, individual to individual. Some examples of ties can be a family, a job, a house, a bank account. "Ties" are the various aspects of your life that bind you to your country of residence: your family and social relationships, employment, and possessions. Each person's situation is different.
Consular officers are aware of this diversity. During the visa interview they consider professional, social, cultural and other factors. In cases of younger applicants who may not have had an opportunity to form many ties, consular officers may look at specific intentions, family situations, and long-range plans and prospects within the country of residence.
A denial under Section 214 (b) is not permanent. The consular officer will reconsider a case if you can show further convincing evidence of ties outside the United States. You should contact the embassy or consulate to find out about reapplication procedures. Unfortunately, some people will not qualify for a nonimmigrant visa, regardless of how many times they reapply, until their personal, professional, and financial circumstances change.
Friends and family in the USA may provide a letter of invitation or support. However, this cannot guarantee that you will receive a visa. You must qualify for the visa according to your own circumstances, not on the basis of an American sponsor's assurance
If you receive another refusal firstly carefully review your situation and realistically evaluate your ties. You may want to write down on paper what qualifying ties you think you have that may not have been evaluated at the time of your interview with the consular officer. Also, you should review the documents that were submitted for the consul to consider. If you were refused a visa under section 214(b), you may reapply. When you do, you will have to show further evidence of your ties or how your circumstances have changed since the time of the original application. It may help to answer the following questions before reapplying:
- Did I explain my situation accurately?
- Did the consular officer overlook something
- Is there any additional information I can present to establish my residence and strong ties abroad?
You should also be aware that you will be charged a non-refundable application fee each time you apply for a visa, regardless of whether a visa is issued.
Immigration law delegates the responsibility for issuing or refusing a visa to consular officers overseas. They have the final say on all visa cases. The U.S. Department of State has authority to review consular decisions, but this authority is limited to the interpretation of law, not the determination of facts. The determination of whether you possess the required residence abroad is a factual one. Therefore, it falls exclusively within the authority of consular officers to resolve. You can influence the consular office to change a prior visa denial only through the presentation of new convincing evidence of strong ties.
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