Non Immigrant Visas

Non-Immigrant Visa Refusals

214(b) Refusals
During the visa interview, applicants must convince the consular officer that they will return to Romania after a brief stay and that they will not engage in activities that are not permitted under the visa type for which they are applying. For example, holders of B1/B2 visas are not permitted to engage in employment in the United States. Applicants who cannot convince the consular officer of this are refused a visa under Section 214(b) of the Immigration and Nationality Act.

Re-Applying After a 214(b) Refusal
Although anyone may re-apply for a visa, we recommend you do so only if you believe there is a significant change in your circumstances or another compelling reason for a re-application.

Temporary Refusals
Sometimes the consular officer will request additional documentation from a visa applicant, or will need to do additional administrative processing. In this case, the applicant is temporarily refused under Section 221(g) of the Immigration and Nationality Act. The applicant will receive a letter explaining what additional documents the consular officer wants to see and when the applicant can return to continue the interview. Applicants refused under Section 221(g) do NOT need to pay the visa fee again and do NOT need to call for another appointment.

Ineligibilities
Sometimes a visa applicant is refused a visa because he is ineligible under another section of the Immigration and Nationality Act. Ineligibilities include overstaying a previous visit to the United States, being convicted of certain crimes, or presenting fraudulent documents in order to obtain a visa. Some ineligibilities are permanent, others expire after time. In some cases an applicant may apply for a waiver from the Department of Homeland Security.

For details about ineligibilities and waivers, visit the Ineligibilities & Waivers page of the State Department’s web site.

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