To qualify for a visitor or student visa, an applicant must meet the requirements of sections 101(a)(15)(B) or (F) of the U.S. Immigration and Nationality Act (INA) respectively. Failure to do so will result in a refusal of a visa under INA section 214(b).
The most frequent basis for such a refusal concerns the requirement that the prospective visitor or student overcome a presumption of immigrant intent by demonstrating possess a residence abroad that he/ or she has no intention of abandoning.
Applicants prove the existence of such residence by demonstrating that they have strong ties abroad that would compel them to depart/leave the U.S. at the end of the temporary stay.
The law places this burden of proof on the applicant. Information on visa refusals can be found at the FRVI denials website..
If you’re applying for a visa category that will permit you to work in the United States, please download this PDF pamphlet (PDF 252K) to be advised of the protections you are guaranteed under the Wilberforce Act
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