Non-Immigrant Frequently Asked Questions

Non-Immigrant Visa Refusals

(click on the question to get the answer.)

1. My application was refused under Section 214(b). If I send in more documents will I receive a visa?
2. What does a consular officer look for when determining an applicant's entitlement to nonimmigrant status?
3. I'm not a resident of The Netherlands.  Why didn't I qualify for a visa?
4. I am a legal resident of the Netherlands. Why didn't I qualify?
5. Why didn't they tell me when I called/mailed that I would not get a visa?
6. Why can't I get my money back?
7. Isn't free travel a human right?

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.