|
Ineligibility
Grounds for Ineligibility
The U.S. Immigration and Nationality Act (INA) specifies three grounds on which a Consular Officer can find an applicant ineligible for a nonimmigrant visa:
Section 214(b)
Section 214(b) of the INA specifies that applicants for nonimmigrant visas must demonstrate their entitlement to nonimmigrant status. By definition, a nonimmigrant must demonstrate a reason to return to India upon the completion of their temporary stay in the U.S. It is the Consular Officer's responsibility to evaluate - based on the applicant's interview and supporting documentation - whether the applicant's social, economic and cultural ties justify entitlement to NIV status. If the Consular Officer is not convinced that the applicant is a bonafide nonimmigrant traveler, he/she must refuse your nonimmigrant visa application on the grounds that you are an intending immigrant consistent with Section 214(b).
Section 221(g)
Section 221(g) of the INA states that applicants who have not provided sufficient information or fulfilled the documentary requirements of the nonimmigrant visa category for which they have applied must be refused, until such time that they are able to properly meet these requirements. Consular Officers will note, in writing, at the time of your refusal under this section of the law, what documents must be presented in order for you to qualify for a nonimmigrant visa in a subsequent interview.
Section 212(a)
Section 212(a) of the INA states that all applicants must be refused under this section of the law if they have committed serious crimes, misrepresented materially relevant information on their application, provided fraudulent or counterfeit information, have been previously deported, are wanted for arrest or who represent a security threat to the U.S.
|
