Embassy of the United States Port Au Prince, Haiti

Why was I refused under section 214(b) of the Immigration and Nationality Act (INA)?

The most frequent reason for being refused a visa is failure to meet the requirements of Section 214(b) of the Immigration and Nationality Act (INA).  This section of law states:

Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status…

To qualify for a visitor of student visa, you must meet the requirements established by the Immigration and Nationality Act (§101(a)(15)(B) and §101(a)(15)(F)).  This means that you must show that you have strong ties to your home country.  “Ties” are represented by many different aspects of your life:  your job, your home, your family, etc.

If you are a young applicant who may not have had an opportunity to form strong ties to your country, the consular officer may look at your specific intentions, family situation and long-range plans and future prospects in your country.  Each case is examined individually.

You can always reapply for a nonimmigrant visa.  However, you may not qualify for a nonimmigrant visa, regardless of how many times you reapply, until your personal, professional or financial circumstances have changed considerably.

Can the visa fees be paid online?  

The application fee remains U$D 140.00, payable in local currency only (Gourde), and is subject to change without notice. Payment can be made at any SOGEBANK branch. 

What documents should I bring?

Applicants should bring any documents that demonstrate their ties to Haiti and their ability to fund their travel to the United States. Some examples are: bank statements or booklets, job letter or pay stubs, title to home or vehicle, etc. In many instances, these documents will be requested by the interviewing officer. 

I am a relative/friend of a visa applicant - what documents should I send to them for their visa interview?

Section 214(b) of the Immigration and Nationality Act places the burden of proof on the applicant.  Although a letter from a sponsor in the United States may be submitted, this does not guarantee visa issuance to a foreign national friend or relative.  For more details on regulations, qualifications required, and a wide range of other visa-related information, and to obtain copies of application forms and instructions for completing them, please refer to the following websites: www.travel.state.gov and www.haiti.usembassy.gov

I am a U.S citizen; can I accompany my family member to the interview?

Only minor children, disabled and elderly applicants can be accompanied for a non immigrant visa interview. However, you may schedule an online appointment for the applicant. He/she must pay the processing fee of U$D 140.00 at any branch of SOGEBANK. Then you may help them fill out the application form on his/her behalf by accessing the DS-160 from the Department of State’s Consular Electronic Application Center website. Use the receipt number in order to schedule the appointment.  On the day of the interview, the applicant must bring valid passport, a recent picture (taken less than 6 months ago), the receipt showing payment of the visa fee, the confirmation page of the online appointment and any documentation regarding his/her visa application.

After the earthquake my family member (wife/children/aunt/…) has no place to stay, how can I apply for a tourist visa on their behalf to bring them to the states for a better life?

Please be informed that nonimmigrant visas are for the purpose of temporary stay in the United States, not for residence purposes.  There is no classification of nonimmigrant visa available for family members of American Citizens or Lawful Permanent Residents affected by the earthquake in Haiti. You should, therefore, consider filing a petition for an immigrant visa on his/her behalf. For information regarding how to petition a relative to reside in the United States, please visit the USCIS website at www.uscis.gov.  For questions regarding pending immigrant visas, please direct your inquiries to: papcons@state.gov.