One of the most common questions we receive from applicants is about denials of B1/B2 visa applications. The B1/B2 visa, for short visits for business or tourism, is the most common visa type issued in Israel. The visa allows a foreign national to travel to a U.S. port-of entry and request permission to enter the United States.
In order to qualify for a B1/B2 visa, applicants must prove that he or she intends to abide by the terms of this U.S. visa category. An applicant may be denied a B1/B2 visa for failing to demonstrate to the interviewing consular officer’s satisfaction that his/her planned activities in the United States are consistent with the B1/B2 category. Abiding by the terms of a U.S. visa is the applicant’s responsibility. [Note: What might happen when one fails to adhere to the terms of a B1/B2 visa? To find out, watch our The Price is Too High video.]
Applicants must also prove that s/he does not intend to immigrate to the United States. To do this, the applicant must demonstrate strong ties to Israel. "Ties" are the various aspects of life that bind an applicant to his or her home country, such as a career/long-term employment, ongoing university studies, family relationships, and other factors. Each visa application is thoroughly examined and evaluated on its own merits.
If an applicant is unable to prove that s/he does not intend to immigrate to the United States AND that s/he will comply with the terms of a U.S. visa, the visa will be denied under Section 214(b) of the U.S. Immigration and Nationality Act. Those who are denied visas will receive a written letter explaining Section 214(b) at the end of the visa interview.
Following a visa denial, listed below are answers to some of the most common questions applicants ask.
I wish to appeal against the decision—can my case be reviewed?
There is no review process or appeal for applications denied under Section 214(b). Once a case is closed, the consular section cannot take any further action. Although the consular section is responsive to inquirers, our policy is to not respond to correspondence from an applicant regarding a finding of ineligibility under Section 214(b). If you feel that you omitted evidence material to the visa decision, the proper course of action is to reapply for a visa and appear at the Embassy in person.
My visa application was denied. Can I reapply?
Yes. There is no restriction on the number of times a person may apply for a visa. However, without additional evidence of enduring economic and social ties that demonstrate a compelling need to return to Israel after visiting the United States, there may be little reason to apply a second time. Applicants who provide identical information in a second interview rarely get a different result. Applicants must also convince the interviewing officer that he or she intends to abide by the terms of a U.S. visa.
It is prudent to wait to reapply until there is new, stronger evidence of your ties, and/or intent to comply with the terms of the visa category, before reapplying. We generally recommend that applicants wait at least a year before reapplying. This recommendation especially applies to younger applicants who may have recently completed compulsory army service as it often takes time to establish the kind of ties (i.e., career or university studies) that will enable you to qualify for a B1/B2 visa.
For my next visa interview, what documents do you suggest I bring to show evidence of my ties to Israel?
Because each person's situation is different, people applying for the same visa may be asked different questions and be required to submit different documentary evidence of their ties to Israel. A list of recommended documents is on the Embassy website at the following link: http://israel.usembassy.gov/consular/niv/business.html.
Please note that presenting fraudulent documents, or making false or misleading statements on the application form or to the interviewing officer, may result in you becoming permanently ineligible for any type of U.S. visa. Never submit an application without reviewing it first for accuracy, especially if someone other than you helped fill it out.
My visa application has been refused. 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.
Where can I find additional information about visa denials?
Additional information on visa denials is available from the State Department at: http://travel.state.gov/visa/frvi/denials/denials_1361.html. You can also find more information on the U.S. Embassy website at: http://israel.usembassy.gov/consular/niv/refusals2.html.
