What are the criteria for receiving a visa?
Consular Officers must apply the provisions of the U.S. Immigration and Nationality Act (INA) in determining visa eligibility. For most visa categories, INA Section 214(b) is governing. This section of the INA states that, “Every alien shall be presumed to be an intending immigrant until he establishes to the satisfaction of the Consular Officer, at the time of the application for a visa … that he is entitled to nonimmigrant status….” During the interview process, Consular Officers evaluate the strength of an applicant’s economic, family and social ties, as well as their intent to return to their home country. Proof of these ties may come in many forms, but interviewing Officers must ultimately conclude that an applicant will return to their country of residence after a temporary stay in the United States. Because of the volume of applications received, Officers must decide after a brief interview whether an applicant is qualified to receive a visa. Applicants should therefore be p