Visa Issuance & Refusal

• How do you decide whether or not to issue a visa?
• Why does the U.S. have such strict visa laws?
• What are strong ties?
• Why do all the refused applicants get the same letter of explanation as to why they were refused?
• Why are the visa interviews so short?
• When I applied for a visa, I told the officer I would return to China after a short stay in the US. Why didn't the officer believe me?
• Is a refusal under Section 214(b) permanent?
• How long do refused applicants have to wait before reapplying?
• I have a letter (or fax) I would like the officer to read to better understand my situation and my strong ties to China. Can I send it to you so you can read it in advance of my interview?
• I brought all my documents, but my application was refused anyway. What else should I bring?
• What can I do if I have a complaint about the manner in which my case has been handled?

How do you decide whether or not to issue a visa?

Section 214(b) of the U.S. Immigration and Naturalization Act states: Every alien is 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 nonimmigrant status...
To qualify for non-immigrant visas, applicants must meet the requirements of U.S. immigration law. Failure to do so will result in a refusal of a visa under Section 214(b). The most frequent basis for such a refusal is failure to overcome the requirement that applicants must possess a residence abroad he/she has no intention of abandoning. Applicants prove the existence of such residence by demonstrating that they have ties abroad that would compel them to leave the U.S. at the end of their temporary stay. The law places this burden of proof on each individual applicant.  back to top

Why does the U.S. have such strict visa laws?

The United States is an open society. Unlike many other countries, the United States does not impose internal controls on visitors, such as registration with local authorities. In order to enjoy the privilege of unencumbered travel in the United States, foreigners have a responsibility to prove they are going to return abroad before a visitor or student visa is issued. Our immigration law requires consular officers to view every visa applicant as an intending immigrant until the applicant proves otherwise. back to top

What are strong ties?

Strong ties differ from country to country, city to city, individual to individual. "Ties" are the various aspects of a person's life that bind them to their country or residence: possessions, employment, social and family relationships. Some examples of ties can be a person's job and income, a house or apartment, a car, close family relationships, bank accounts, etc. Consular officers are trained to look at each application individually and consider professional, social, cultural and other factors. With younger applicants who may not have had an opportunity to form many ties, consular officers may look at the applicant's specific intentions, family situations and long-range plans and prospects within his or her country of residence. Each case is examined individually and is accorded every consideration under the law.  back to top

Why do all the refused applicants get the same letter of explanation as to why they were refused? For example, shouldn't the reason be different for a student visa applicant than a tourist visa applicant?

In most cases where an applicant is refused a visa, the applicant fails to show that he or she has strong enough ties outside the U.S. to convince the officer that the applicant will depart the United States after a temporary period. Many refused applicants believe there is a special document or a special way to answer questions that will enable them to successfully reapply for a visa days or weeks later. However, as the problem for applicants refused under section 214(b) lies in their overall situation, no single answer or document exists which would prove satisfactory in all cases. Applicants are encouraged to reapply only when their overall circumstances have changed. For example, an unemployed recent graduate may decide to reapply following a sustained period of steady employment.  back to top

Why are the visa interviews so short? I was refused after only a couple of questions and the interviewer hardly looked at my documents?

Visa officers handle thousands of applications every year. Based on this experience, they are able to quickly review the application form and supporting documents in order to narrow the range in which questions may need to be asked. Keep in mind, much of the necessary information required to make a decision is already supplied on the application form itself, so there is usually no need for the officer to ask more than a few additional questions.  back to top

When I applied for a visa, I told the officer I would return to China after a short stay in the US. Why didn't the officer believe me?

Visa officers are required to evaluate the applicants overall situation in reaching a decision. Statements indicating that the applicant intends to return to China are helpful, but under the requirements of U.S. law the statement alone is not adequate to show that they qualify for a visa.  back to top

Is a refusal under Section 214(b) permanent?

No. If an applicant has new information which was not presented to the interviewing officer at the time of the first application, or if the applicants overall circumstances have changed significantly since the last application, a new application is appropriate and will be duly considered.  back to top

How long do refused applicants have to wait before reapplying?

There is no time restriction on resubmitting an application after a refusal. If additional information or supporting documentation is available which may further demonstrate an applicant’s qualifications for a visa, an application may be resubmitted.  back to top

I have a letter (or fax) I would like the officer to read to better understand my situation and my strong ties to China. Can I send it to you so you can read it in advance of my interview?

Any information which is relevant to the visa application should be brought to the interview. Mailing information to the Embassy in advance will not be helpful. The visa interview is the proper setting for the officer to consider all information.  back to top

I brought all my documents, but my application was refused anyway. What else should I bring?

The problem is not the documents. Rather, the applicants’ current overall situation (as supported by those documents) was not adequate to overcome the presumption that he or she is an intending immigrant. Remember, U.S. law says that all applicants for nonimmigrant visas are intending immigrant until they show that their overall circumstances would be adequate to compel their return home after visiting the U.S.  back to top

What can I do if I have a complaint about the manner in which my case has been handled?

The Embassy does not have sufficient resources to meet with every interested party who wishes to discuss a visa case with a consular officer. Therefore, we do not arrange meetings to discuss individual visa cases. However, all visa applicants are entitled to courteous, efficient, and consistent treatment. If an applicant feels they were treated improperly during the processing of a visa application, a letter should be written to the Embassy describing the circumstances. All legitimate concerns will be investigated and corrective action taken where justified. Our fax number is (86-10) 8531-3333.