Section 2 14 B of the us immigration act

Article 2 14(b) is a part of the United States Immigration and Nationality Act, which stipulates that every foreigner must convince the consular officer that he is a non-immigrant when applying for entry, otherwise he will be regarded as an immigrant. Let's explain this clause in detail.

Except for lack of funds, visa applicants are basically rejected on the grounds of 2 14(b). Unfortunately, many applicants' reactions after being rejected are "I have no tendency to emigrate! Why did he/she refuse the visa? " . It should be noted that it is not up to you to decide whether you have immigration tendency, but to prove to the visa officer that you have no immigration tendency through interviews and submission of materials before you can get a visa. In other words, what you think is not the key, but what the visa officer thinks and how to judge. The visa officer's assumption is that you are guilty, and you have to refute his/her assumption through your own performance.

Whether you can get a visa at least in theory depends on your specific situation and on-the-spot performance. So your main focus should be on how to convince the visa officer that you will return to China within the specified time. In fact, we think that many times the visa officer's decision is not completely rational, but is influenced by many subjective and objective factors, which will be described in detail later. We just want to scientifically analyze the decision-making process of visa officers, so that we can maximize the chances of successful application and get a visa under the rational or irrational thinking of visa officers.

Generally speaking, Americans are still very principled. Now, let's look at the basis of rational analysis. Section 2 14(b) of the United States Immigration Act:

"When applying for a visa, every foreigner should be regarded as an immigrant until he proves to the consular officer that he is interested in non-immigrant status." I translated this passage into: "Every foreign applicant (applying for student visa, business visa, etc.). ) will be assumed to be an immigrant (with immigration tendency) until he successfully convinces the visa officer of his non-immigrant status. "

This is what we often call "presumption of guilt". We know that domestic laws in the United States are generally "presumption of innocence", but the "presumption of guilt" in non-immigrant visas is quite different from it. Why? According to the professional analysis of immigration lawyers, this provision has at least the following three benefits:

1. From the economic point of view, illegal immigration, as a very serious problem, is indeed a headache for the US government, and a considerable number of applicants applying for non-immigrant visas do have immigration tendencies. When it is more efficient to prevent such problems than to solve them, we are required to strengthen prevention. Here is an example. Suppose we have a meadow that may be trampled by bison, then we have two solutions: one is to build a fence around the meadow to prevent cattle from entering; The other is to hire someone to look after the pasture, drive the cows away, or kick them out of the pasture. If other factors are not considered, then the low price method is definitely the most cost-effective. It is usually cheaper to build fences, so we choose to build fences purely from the perspective of cost. When "manslaughter" and "escaping from the net" cannot have both, and the remedial cost of "manslaughter" is lower than that after "escaping from the net", "manslaughter" is definitely a better choice.

2、9? After "1 1", it is necessary to strengthen the supervision of immigrants, which makes this "presumption of guilt" more justified.

3. From the perspective of "motivation", "presumption of guilt" will produce a deterrent, which will deter unqualified people from taking risks or taking chances.

Knowing the above points, it is easy for us to correct our mentality. It is not that Americans discriminate against foreigners, but that such laws are more beneficial to the United States. You can't blame anyone else. Many China people, Indians and Mexicans really stayed behind and didn't go home.

Extended reading:

What is the 2 14b clause?

America is an open society. The United States does not control tourists in its own country like other countries, such as forcing tourists to register with the local government. In order to make foreigners travel in the United States without any burden, foreigners have the responsibility to prove that they will leave the United States and return to China before obtaining a tourist or study visa. American immigration law requires visa officers to regard every applicant as having an intention to immigrate unless the applicant can prove that he has no such purpose.

Section 2 14(b) is part of the United States Immigration and Nationality Act, which provides that:

When applying for entry, every foreigner must be able to convince consular officials that he has non-immigrant qualifications, otherwise he will be regarded as an immigrant.

To meet the requirements of a non-immigrant visa, the visa applicant must meet the requirements of Article101(a) (15) (b) or (f) of the US Immigration and Nationality Act, otherwise the visa will be refused according to Article 2 14 (b). The most common consideration for this rejection is that the applicant should have a residence outside the United States that he does not want to give up. Applicants can prove the existence of this residence by indicating that they will definitely return to China after a short stay outside the United States. According to American law, every applicant must prove this.

The job of visa officer is not easy. They must decide in a short time whether the visa applicant is eligible for a short-term visa. After a brief interview and review of the evidence provided by the visa applicant to prove that it is firmly binding, most applications will have results.

Solid? Binding force? It varies from country to country, from city to city and from person to person. ? Binding force? Refers to all kinds of relationships that force you to live in your motherland or somewhere, such as your property, occupation, society, family relationship, etc. Personal work and income, house or apartment, car, close family members and bank deposits are all included.

As an American citizen or legal permanent resident, imagine your own binding force in the United States. Will foreign consulates think that you are not going to give up living in America? If you have your own job, family, owned or rented house and apartment, or there are other circumstances that force you to return to the United States after completing your overseas trip, the answer to this question is likely to be? what's up . Everyone's situation is different.