Posted by: _ July 2, 2009
Immigration Nepal to US
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Google some immigration blogs. I still doubt why they will stop people at port of entry when the traveller convinces the officer that the purpose of visit is genuine. Only case I have heard is 'americanboy'. Research more for the time seems changing, don't take risk.

http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb816838a4

http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=2b289cf41dd6b70a61a078a9fbfbc379

Look especially for section 214(b) but that basically pertains to issuance of visa, nothing about the port of entry issue.

What Is Section 214(b)?

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...

To
qualify for a visitor or student visa, an applicant must meet the
requirements of sections 101(a)(15)(B) or (F) of the INA respectively.
Failure to do so will result in a refusal of a visa under INA 214(b).
The most frequent basis for such a refusal concerns the requirement
that the prospective visitor or student 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 the temporary stay.
The law places this burden of proof on the applicant.

Consular
officers have a difficult job. They must decide in a very short time if
someone is qualified to receive a temporary visa. Most cases are
decided after a brief interview and review of whatever evidence of ties
an applicant presents.

What Constitutes "Strong Ties"?


Strong ties differ from country to country, city to city, individual to
individual. Some examples of ties can be a job, a house, a family, a
bank account. "Ties" are the various aspects of your life that bind you
to your country of residence: your possessions, employment, social and
family relationships.

As a U.S. citizen or legal permanent
resident, imagine your own ties in the United States. Would a consular
office of a foreign country consider that you have a residence in the
United States that you do not intend to abandon? It is likely that the
answer would be "yes" if you have a job, a family, if you own or rent a
house or apartment, or if you have other commitments that would require
you to return to the United States at the conclusion of a visit abroad.
Each person's situation is different.

Consular officers are
aware of this diversity. During the visa interview they look at each
application individually and 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 the
applicants 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.

Is A Denial Under Section 214(b) Permanent?


No. The consular officer will reconsider a case if an applicant can
show further convincing evidence of ties outside the United States.
Your friend, relative or student should contact the embassy or
consulate to find out about reapplication procedures. Unfortunately,
some applicants will not qualify for a nonimmigrant visa, regardless of
how many times they reapply, until their personal, professional, and
financial circumstances change considerably.


Who Can Influence The Consular Officer To Reverse A Decision?


Immigration law delegates the responsibility for issuance or refusal of
visas to consular officers overseas. They have the final say on all
visa cases. By regulation the U.S. Department of State has authority to
review consular decisions, but this authority is limited to the
interpretation of law, as contrasted to determinations of facts. The
question at issue in such denials, whether an applicant possesses the
required residence abroad, is a factual one. Therefore, it falls
exclusively within the authority of consular officers to resolve. An
applicant can influence the change of a prior visa denial only through
the presentation of new convincing evidence of strong ties.


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