THE 214(B) INTENDING IMMIGRANT
PROVISION:
Non-immigrant visa applicants in almost all categories must demonstrate to the Consular
Officer's satisfaction that they have strong ties to a permanent residence outside of the
U.S. which would compel them to leave the U.S. upon the completion of their authorized
stay. The Consular Officer evaluates the applicant's economic, social and cultural ties to
his/her residence (in this case, South India) in order to determine whether it is more
probable that the applicant will return to India within the period of authorized stay in
the U.S. or whether it is more likely that the applicant will remain in the U.S. on a more
permanent basis. There is no set "list" of documents an applicant should bring;
rather, an applicant who can convincingly explain the reasons for travel, present
believable business or personal documents to substantiate his/her ties to India and who
answers questions in an open manner is more likely to be issued a visa than someone who
comes in with a huge folder of irrelevant or clearly questionable documents.
THE 212(A)(6)(C) INELIGIBILITY:
Applicants should be very careful to be truthful in all areas of their visa applications.
Applicants who willfully misrepresent material facts in the immigrant or non-immigrant
visa applications can be found ineligible to enter the U.S. If you present forged,
counterfeit or otherwise bogus documents you are likely to fall under this provision of
the law.
THE 212(A)(4) INELIGIBILITY:
We are unable to issue an immigrant or non-immigrant visa to an applicant who appears to
have insufficient financial resources in the U.S. and who it appears may become a public
charge to the U.S. state or federal social welfare system. This provision is particularly
applicable to applicants for non-immigrant visas who wish to visit the U.S. for medical
treatment. We need to know the cost of the treatment, including the charges of both the
physicians and the hospital and any therapy or recuperative treatment the applicant may
need. Applicants for immigrant visas who cannot clearly support themselves immediately
upon arrival to the U.S. need to demonstrate that the relative who is sponsoring them has
sufficient funds to support them until they are able to become self-supporting.
THE 221(G) INELIGIBILITY:
If an applicant is refused under this section, it is because s/he is missing a document or
some other piece of evidence which the Consular Officer needs in order to render a final
decision on the applicant's eligibility for the visa. Generally, the applicant will be
told what types of documents might satisfy the Consular Officer.
