Visa Refusals
- My application was refused under Section 214(b). If I send in more documents will I receive a visa?
No. Once an application has been refused,
the decision is not appealable. Applying for a non-immigrant visa is
not primarily a document-based process. The main issue in determining
if an applicant qualifies for a visa is intent, and documents alone
cannot establish intentions. In some cases, documents can help
establish an applicant's intent to return to The Netherlands by showing
that the applicant is well established here. In other cases, the
circumstances are clear enough that documents are unnecessary. If your
visa application has been refused it is highly unlikely that any
document you could provide would alter the consular officer's decision.
- What does a consular officer look for when determining an applicant's entitlement to nonimmigrant status?
In making that determination the officer
considers the applicant's personal circumstances, travel plans,
financial resources and ties outside of the United States that will
ensure his/her departure after a temporary visit.
- I'm not a resident of The Netherlands. Why didn't I qualify for a visa?
The
consular officer who evaluated your application is accredited in the
Netherlands and is best able to assess your ties to the Netherlands. It
is not possible for consular officers here to be experts about all
other countries, or to understand any social or economic ties you may
have to another country. Nevertheless, even though your application has
been refused in the Netherlands, if you are here temporarily you may be
able to qualify for a visa if you applied at home. Consular officers in
your home country are better able to assess your situation there.
- I am a legal resident of the Netherlands. Why didn't I qualify?
Many recent immigrants to the Netherlands
cannot demonstrate sufficiently strong ties here to qualify for a
non-immigrant visa to the United States. There is no magic formula that
will work in each case. In general, you must be able to show that you
have settled in the Netherlands and that this is, and will remain, your
permanent home. In reviewing your application, the consular officer
considered many aspects such as: How long have you been at your current
address? How long have you been at your current job? Are you, or are
your children enrolled in school? What commitments do you have here
that would compel you to return to the Netherlands? What social ties do
you have in the Netherlands? Often it is a question of time, and the
best way to qualify for a visa is to reside in the Netherlands for a
longer period of time and to build further social and economic ties
here.
- Why didn't they tell me when I called/mailed that I would not get a visa?
Each visa application is thoroughly examined
and evaluated on its own merits. Since it is impossible to obtain all
relevant facts without seeing your completed application, we are
unable, in fact not authorized to tell you by phone or mail whether you
will or will not receive a visa. At the same time under no
circumstances can we or anyone else guarantee in advance that you will
receive a U.S. visa.
- 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 or not you are issued a visa. If your application was refused
under Section 214(b) and you choose to reapply for a visa, whether at
this Consulate General or elsewhere, you will be required to pay the
application fee again.
- Isn't free travel a human right?
The United States Government upholds the
right to free travel as a basic human right. However, immigration to
the United States is not a right. If you are able in the future to
establish that you are a bona fide nonimmigrant and you qualify for a
visa, you will be able to travel to the United States as a temporary
visitor.