Section 214(b), Immigration and Nationality Act
214(b): you did not overcome the presumption of immigrant intent
Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, that he is entitled to a nonimmigrant status.
What the officer assesses: The law starts by presuming you intend to immigrate. The officer is assessing whether your ties to your home country are strong enough to overcome that presumption, in an interview that usually lasts two to three minutes.
Where this comes from 2 official sources
shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101(a)(15) of this title.
Immigration and Nationality Act, section 214(b) (8 U.S.C. 1184(b)), INA 214(b), 8 U.S.C. 1184(b)
When it does so, the action of an executive officer “to admit or to exclude an alien” “is final and conclusive.”
Department of State v. Muñoz, Opinion of the Court, Part II
Evidence that addresses it
- Employment letter with role, salary, start date and approved leave, carried to the interview
- Payslips and bank statements, carried but not relied on
- Property documents and evidence of dependants
- A clear, short answer to why you are going, who is paying and when you return
- A DS-160 that matches, exactly, what you will say at the window