STUDYING IN THE U.S.: Learn More About U.S. Visa Denials Under Sections 214(b) and 212(a)(6)(C)

SECTION 214(B) OF THE IMMIGRATION AND NATIONALITY ACT (INA)

Section 214(b) of the U.S. Immigration and Nationality Act (INA) is commonly applied to non-immigrant visa applicants who are denied a visa. For more information on visa denials, please visit the U.S. Department of State’s Consular Affairs website.

Consular officers are required to apply Section 214(b) of the INA to determine whether an applicant qualifies for a non-immigrant visa. A portion of this section states:

“Every alien [visa applicant] shall be presumed to be an immigrant until they establish to the satisfaction of the consular officer, at the time of application for a visa, that they are entitled to non-immigrant status.”

This means that the consular officer reviews the applicant’s case with the assumption that they intend to immigrate to the U.S. unless the applicant can prove otherwise. It is important to emphasize that the applicant bears the responsibility of demonstrating eligibility for a visa.

Visa applicants must convince the consular officer of the following:

• They will depart the U.S. after a temporary stay.
• They have sufficient financial means to cover their trip without seeking unauthorized employment.
• They will use the visa for its intended and lawful purpose.

Applicants can present various forms of evidence, but collectively, the evidence must allow the interviewing officer to assess the applicant's overall situation and believe that the social, familial, economic, and other ties in Vietnam are strong enough to ensure their return after the temporary stay in the U.S.

“Ties” refer to aspects of an applicant’s life that bind them to their place of residence, including family relationships, employment, and property. For younger applicants who may not yet have established such ties, consular officers will evaluate academic performance, parental occupation, long-term plans, and future prospects in Vietnam. Since each applicant’s situation is different, there is no standard answer to demonstrate these ties.

Applicants should be prepared to clearly and concisely present their case. Interviews may be conducted in Vietnamese or English upon request.

The strength of ties sufficient for visa approval varies by country, culture, and individual. All consular officers are knowledgeable about local conditions and U.S. immigration law to make informed decisions.

Section 214(b) is not permanent. If an applicant was previously denied a visa but now has new information or if their circumstances have significantly changed, they may apply for a new interview following the same procedures as other applicants. Re-interviewing is the only way for an applicant’s case to be reconsidered.

A common misconception about Section 214(b) is that submitting additional documents alone will ensure visa approval. However, visa decisions are not based solely on paperwork. Consular officers assess the applicant’s overall situation to determine whether their case falls outside the U.S. legal presumption that applicants have immigration intent. While necessary documents help consular officers make informed decisions, no single document or piece of information guarantees visa issuance.

SECTION 212(A)(6)(C) OF THE IMMIGRATION AND NATIONALITY ACT (INA)

Visa denial under Section 212(a)(6)(C) of the INA imposes severe penalties on applicants who deliberately submit false evidence or provide misleading information to the U.S. government regarding immigration law.

If a visa application is denied under Section 212(a)(6)(C) due to misrepresentation or fraudulent documents presented during the consular interview, the applicant will be PERMANENTLY ineligible to enter the United States. This means not only will the current application be denied, but all future visa applications will also be refused, regardless of the applicant’s reason for travel, professional standing, or age at the time of future applications.

Providing false information or fraudulent documents during a visa interview is a serious offense and can have long-term consequences for future opportunities related to business, education, or visiting friends and family in the U.S. Applicants are strongly advised to carefully prepare their visa applications and ensure all information is truthful.

(Source: U.S. Consulate – Ho Chi Minh City)