We at MISPL are delighted to share a recent success story of a B2 visa applicant, who had two prior visa denials pursuant to INA 214(b) before engaging MISPL. We thank our client for permitting us to share the success story for the benefit of our regular readers and subscribers. We always maintain confidentiality, and the name of our client is withheld.

Background

The B2 visa applicant was a widowed, elderly parent and a homemaker. The applicant previously held a 10-year multiple entry visa, however, the visa renewal applications through the drop-box and one in-person were refused by the consulate under INA §214(b). The applicant was frustrated because neither she nor her family were able to clearly identify possible reasons for the refusals pursuant to INA §214(b).

Understanding the Basis of refusal

After careful review of the case including the applicant’s prior travel history, the attorneys at MISPL noticed that the client visited the United States for longer durations in the past and had extended her stay on two occasions. She had filed for her B2 status extension from the USCIS within the U.S. on both occasions. We explained to our client that extended time spent in the United States on her prior visits makes it difficult to overcome the automatic presumption under the law of a non-immigrant being considered as an intending immigrant under Section 214(b) of the INA. Fortunately, the USCIS had approved both of the applicant’s timely filed extensions and on both occasions, she had departed the U.S. before the expiry of the B2 status extension.

Murthy India Helps Applicant Overcome the Presumption under INA §214(b)

Attorneys at MISPL analysed the applicant’s strong socio-economic ties to India and factors that clearly established her strong non-immigrant intent. Though the applicant was eligible for immigrant visa as an immediate relative, she was clearly not interested in migrating to the United States. We collected all of the documents to support her non-immigrant intent. After a careful review of all documents, we discussed with her the need to clarify and make some changes to the DS-160 application form. We then role-played with the visa applicant to  thoroughly prepare her for the interview. We always stress the importance of honesty and clearly presenting facts with a view towards obtaining the visa at the visa interview. This helped the applicant to confidently present her case better and her B2 visa application was finally approved.

Conclusion

Each applicant’s circumstances and situation is different. It is important to evaluate one’s strengths and present the case with all the facts clearly and unambiguously. We appreciate our client permitting us to share this success story to help inspire others not to lose hope and to try for the B2 visa extension, even after one or two denials.

In general, it is best that applicants do not extend their B2 status within the U.S. unless absolutely necessary. Extended time spent in the U.S. may adversely impact the applicant both at the time of re-entering the U.S. and at the time of visa application. Furthermore, it is of utmost importance to explain the reason for the extension and retain a copy of all prior immigration filings and approval notices to evidence that the prior stay was legally authorized by the USCIS.