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American Non-Immigrant Visas: 214(b) Denial and Expedited Removal

By Ben Hart

Republish: EasyPublish™ Published: 15Jan2011 Word count: 454 Viewed: 488 time(s) Get Free Content For Your Site

The following article will briefly delve into the issue of 214(b) denials of United States non-immigrant visas as well as the issue of expedited removal at a Port of Entry in the USA.

The United States of America has codified much American immigration law in the form of the American Immigration and Nationality Act also referred to as the INA. The provisions of the INA spell out the conditions under which individuals may be accorded lawful status in the United States. One of the ways a foreign national may travel to the USA and be lawfully admitted is by use of an American non-immigrant visa. Non-immigrant visas are, by definition, meant for temporary use by individuals who are not immigrating to the USA. Therefore, prior to allowing a foreign national to obtain a non-immigrant visa, a United States Consular Officer at a United States Mission, Embassy, or Consulate abroad must be satisfied that the applicant for a non-immigrant visa can overcome the legal presumption of immigrant intent enshrined in section 214(b) of the Immigration and Nationality Act. This section basically states that all applicants for a non-immigrant visa will be presumed to be undisclosed immigrants unless an applicant can present strong evidence to the contrary. A consequence of this presumption is that non-immigrant visas can be difficult to obtain especially when an applicant has a significant other who is either an American Citizen or Lawful Permanent Resident of the United States of America.

Consular presumption of immigrant intent is not the only issue that a prospective non-immigrant should be cognizant of as the United States Customs and Border Protection Service (USCBP) is entitled to place non-immigrants in expedited removal proceeding should a Customs and Border Protection Officer find that the prospective entrant, regardless of the fact that they hold a US non-immigrant visa, is an undisclosed immigrant to the USA who is not in possession of proper documentation. This issue first arose in the1990s as a result of passage of legislation known as IIRIRA (Illegal Immigration Reform and Immigrant Responsibility Act). The passage of this Act provided Customs and Border Protection Officers with the authority to remove aliens entering the USA on non-immigrant visas if the Customs and Border Protection Officer at the Port of Entry finds that the alien is an intending immigrant and not actually a non-immigrant.

Those removed in this manner are generally barred from reentering the USA for 5 years unless an application for advance permission to reenter is both submitted and approved by the United States Citizenship and Immigration Service (USCIS). Notwithstanding this possible remedy, those intending to immigrate to the USA are well advised to use the proper immigrant visa to do so rather than a non-immigrant visa.

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