214B

The majority of nonimmigrant visa refusals are made under Section 214(b) of the Immigration and Nationality Act.  Section 214(b) places the burden of proof on the applicant to demonstrate that they are not an intending immigrant (generally, that he or she plans to stay permanently in the United States or plans to work illegally).  If the applicant fails to convince the consular officer that they are not an intending immigrant, the law requires the consular officer to deny the visa.

Applicants overcome the intending immigrant presumption of Section 214(b) by showing that their overall circumstances, including social, family, economic and other ties to a country outside the U.S., will compel them to leave the United States at the end of a temporary visit.  Because each applicant's situation is different, there is no single factor that demonstrates compelling ties to Panama.

A visa denial under Section 214(b) is not permanent.  Visa seekers may reapply for a visa at any time by scheduling a new appointment.  However, we recommend that they do so only if they believe that they will be able to show that they are eligible for the visa based on the guidance provided above.  That is, we recommend against reapplying unless the applicant's family, professional or economic situation has changed sufficiently to warrant a change in the consular officer's decision.