What to do if Refused a Visa 

If your application for a nonimmigrant visa has been refused, you will be informed why. The most common refusal is Section 214(b) of the US Immigration and Nationality Act. Other refusal sections are specific, and such refusals will be accompanied by a detailed note.

Refusals under Section 214(b), mean we understand your situation but have decided against issuing you a visa because you have not overcome a legal presumption that you are using the visitor visa to immigrate or work illegally in the United States.

Applicants can overcome this legal presumption by proving to the consular officer's satisfaction that they will use the visa appropriately and that they have a residence abroad to which they will return after a temporary visit to the US. In evaluation the applicant's claim of residence abroad, we will consider the person’s career, financial, property, social, family and other commitments overseas. As a consequence, an applicant who does not have a permanent career or other relationship to Kyrgyzstan or elsewhere is more likely to be refused than a person who has obvious ties and obligations. The applicant who has only an uncertain future, indefinite plans in the US and unclear finances is likely to be refused under section 214(b). Applicants who are not legal permanent or long-term residents in Kyrgyzstan also are more likely to be refused because they are either unsettled, between careers and residences, or because we cannot evaluate their claims to ties outside our consular district.

Each applicant is evaluated individually to obtain a total picture or their situation when they apply. Comparison with other successful applicants is of little value in making appeals, which is done by submitting a new application and explaining why your circumstances merit re-consideration. Your new application should include additional information or documents that emphasize or clarify aspects of your work, social and family ties and plans that, when taken together, support a conclusion that you will leave the United States after a temporary visit and that you will not misuse the visa during your stay in the US.

If you are refused after having submitted additional information, you should reconsider your travel plans. It may be that you should build up your ties in Kyrgyzstan or elsewhere outside the US to establish concretely that you indeed are settled, so that future applications for visas can be viewed more favorably. The fact that you were refused once under section 214(b) does not mean you will be refused again in future. A refusal under section 214(b) means that, at this time, under your present employment, social or other circumstances, the consular officer was not satisfied that you had met US visa requirements.

If you reapply after being refused under Section 214(b) INA, you must complete a new application and pay another application fee.

My application was refused under Section 214(b). If I bring in more documents will I receive a visa?

Applicants typically present documents such as job letters, bank letters, invitations, property titles, etc. to support their visa application. Since each person has a different personal situation, it is impossible to establish a general list of documents that prove your ties to the Kyrgyz Republic.

Consular officers do not issue visas based solely on documents, but instead by weighing a number of factors. If issuing you a visa hinged solely upon your providing a document, the consular officer would have given you another opportunity to present that document. Your application was not denied because you were missing a document, but rather, it was denied based upon the lack of evidence of your ties to the Kyrgyz Republic.

But I presented all my documents to the consular officer…

Although documents are helpful in explaining the purpose of your trip and overcoming the presumption of being an intending immigrant, they do not guarantee issuance of a visa. The interviewing consular officer reviewed your documents, and conducted your interview, in the context of the Kyrgyz political, economic and cultural situation. You may not be able to document strong ties until your personal, professional and financial circumstances change.

Although documents are helpful in explaining the purpose of your trip and overcoming the presumption of being an intending immigrant, they do not guarantee issuance of a visa. The interviewing consular officer reviewed your documents, and conducted your interview, in the context of the Kyrgyz political, economic and cultural situation. You may not be able to document strong ties until your personal, professional and financial circumstances change.

What does a consular officer look for when determining an applicant's entitlement to nonimmigrant status?

In making that determination the officer considers the applicant’s personal circumstances, travel plans, financial resources and ties outside of the United States that will ensure his/her departure after a temporary visit.

My sponsor will pay for my trip and is willing to guarantee my return…

Although applicants often have a sponsor who offers to provide plane tickets, accommodations or meals, applicants themselves, not the sponsor, must ultimately qualify for the visa. The interviewing consular officer carefully considered your sponsor’s willingness to finance your trip during the decision-making process. While a sponsor may be willing to guarantee an applicant’s return, he or she does not have the legal authority to force a visitor to return the Kyrgyz Republic. Visa applicants must qualify for the visa according to their own circumstances, not on the basis of a sponsor’s assurances.

Although applicants often have a sponsor who offers to provide plane tickets, accommodations or meals, applicants themselves, not the sponsor, must ultimately qualify for the visa. The interviewing consular officer carefully considered your sponsor’s willingness to finance your trip during the decision-making process. While a sponsor may be willing to guarantee an applicant’s return, he or she does not have the legal authority to force a visitor to return the Kyrgyz Republic. Visa applicants must qualify for the visa according to their own circumstances, not on the basis of a sponsor’s assurances.

I’m in Kyrgyzstan, why can’t you issue me a visa here?

The consular officer who evaluated your application is accredited in Kyrgyzstan and is only able to assess your ties there. It is not possible for consular officers here to be experts about all other countries, or to understand any social or economic ties you may have to another country. Nevertheless, even though your application has been refused in Kyrgyzstan, if you are here temporarily you may be able to qualify for a visa if you applied at home. Consular officers in your home country are better able to assess your situation there.

Why didn’t they tell me when I called that I would not get a visa?

Each visa application is thoroughly examined and evaluated on its own merits. Since it is impossible to obtain all relevant facts without seeing your passport and completed application, we are unable to tell you by phone or email whether you will or will not receive a visa. However, in no circumstances is someone able to guarantee in advance that you will receive a U.S. visa.

Why can’t I get my money back?

The fee that you paid is an application fee. Everyone who applies for a U.S. visa anywhere in the world must pay this fee, which covers the cost of adjudicating your application. As the application form states, this fee is non-refundable regardless of whether you are issued a visa or not. If your application was refused under Section 214(b) and you choose to reapply for a visa, whether at this Embassy or elsewhere, you will be required to pay the application fee again.

Will the stamp in my passport prevent me from getting a visa in the future?

Having your visa application refused does not make you ineligible to receive a visa in the future. U.S. consular officers will understand that your application here was evaluated and refused based on the strength of your ties to Kyrgyzstan. If you choose to apply anywhere else, your application will be evaluated based upon any ties you have to that country and on the merits of that application alone.

Isn’t free travel a human right?

The United States Government upholds the right to free travel as a basic human right. However, immigration to the United States is not a right. If you are able in the future to establish that you are a bona fide nonimmigrant and you qualify for a visa, you will be able to travel to the United States as a temporary visitor.