 |
||||
 |  |
|||
 |
 |
 |
||
|
|
||||||||||||
| About the Embassy | |
U.S. Citizen Services | |
Visas to the U.S. | |
U.S. Policy & Issues | |
Study in the U.S. | |
Resources | |
Lietuviškai | |
|
|||||||||||||
 |
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||
"Every alien shall be presumed to be an immigrant until s/he establishes to the satisfaction of the consular officer, at the time of application for a visa, that s/he is entitled to nonimmigrant status…”
Section 214(b) of the Immigration and Nationality Act means that consular officers have to assume that every nonimmigrant visa applicant is an intending immigrant unless she or he, at the time of application for a nonimmigrant visa, can prove that s/he will return to Lithuania. The determination that an alien is not an immigrant can be made only on the basis of the facts existing at the time of a specific visa application.
The vast majority of visa denials arise from the applicants’ inability to overcome the presumption that they intend to immigrate to the United States. If an applicant wants to overcome the presumption of being an intending immigrant, s/he normally shows that s/he has strong ties to Lithuania. Strong ties are assessed in many different ways, and consular officers do not use any specific formula to determine an applicant’s eligibility. Each applicant’s situation is unique. However, applicants with strong family, financial and professional ties to Lithuania are more likely to receive nonimmigrant visas.
Applicants should understand that American immigration law places the burden of proof on them. Thus, applicants have to show that they have strong ties to Lithuania that would compel them to leave the United States at the end of a temporary stay. They also need to show that they neither intend nor need to work illegally in the United States. Finally, misrepresenting relevant facts an an application interview will result in denial of the visa, and possibly in a permanent ineligibility for any visa.
Applicants denied visas under Section 214(b) may reapply for a visa whenever they want. However, most applicants should wait before reapplying so that they can work on building stronger ties to Lithuania in the meantime. When they reapply, they will have to show stronger evidence of their ties and/or how their circumstances have changed since they were refused a visa. It may help if the applicants ask themselves the following questions before reapplying:
Please note that having friends or relatives transfer money into applicants’ bank accounts after they are refused the first time will not help them prove that they have stronger ties to Lithuania. While applicants are welcome to bring letters from an American citizen relative or friend in which that person promises to provide the applicants with housing and subsistence during the applicants’ visit to America, these assurances do not demonstrate strong ties to Lithuania and are not proof of the applicants’ intent to return. Notarized letters of invitation are NOT required. Our consular officers have a difficult job. They must decide in a very short time if someone is qualified to receive a temporary visa. Most cases are decided after a brief interview and review of whatever evidence of ties an applicant presents. The consular officers are trained to keep one goal in mind at all times: to uphold U.S. immigration Law. |
This site is managed by the U.S. Department of State. External links to other Internet sites should not be construed as an endorsement of the views or privacy policies contained therein. |
||
|
||
|
Home | About the Embassy | Citizen Services | Visas | Policy & Issues | Study in the U.S. Resources | Contact Us | Privacy | Webmaster |
 |