How can a Ukrainian citizen reapply for a visa once they have been denied?

When visas are denied, it is normally due to the fact that the applicant failed to qualify for a visitor's visa under Section 214(b) of the Immigration and Nationality Act (INA) of 1952, as amended.

Section 214(b) of the INA is the most common basis for denying a nonimmigrant visa. It stipulates that every applicant "shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, . . . That he is entitled to a nonimmigrant status under section 101(a)(15)." Section 101(a)(15) states that a nonimmigrant is "an alien having a residence in a foreign country which he has no intention of abandoning and who is visiting the United States temporarily" for a variety of purposes which the law delineates (business, pleasure, student, etc.). According to the law, therefore, an applicant can only receive a visa if the consular officer adjudicating his case is satisfied:

• That the applicant has a residence abroad;
• That the applicant has no intention of abandoning that residence;
• That the intent of travel conforms to one of the nonimmigrant visa categories delineated in the INA.

Consular officers determine from objective evidence of strong family, economic, and social ties to an applicant's home country as well as the context of the country that an applicant has no intention of abandoning his residence there. Even if an applicant superficially displays such ties to his home country, the consular officer is still obligated by law to deny the visa application if the officer suspects that an applicant intends to abandon those ties, doubts the veracity of the ties, determines that the ties in the U.S. outweigh those in Ukraine, or the officer believes the purpose of travel is not permissible under the requested visa category.

Due to the Privacy Act, Department of State considerations, and the personal nature of information submitted on the visa application form, we cannot discuss the content of visa applications with the general public. Please do not feel that the denial of a nonimmigrant visa is in any way based upon the bona fides of the inviting party. The fact is that the applicant was unable to provide objective evidence at the time of the visa interview that it was not his or her intention to immigrate to the U.S., or, that the purpose of travel conforms to one of the visa categories as outlined by the INA. The burden of proof in that regard lies first and foremost with the applicant.

Ineligibility under Section 214(b) is by no means permanent. If, in a subsequent application, an applicant is able to convince the consular officer that he or she has no intention of abandoning his or her residence overseas (due to new evidence of strong ties not presented during the original application, or because the applicant's social, familial, or economic situation has changed in a way which strengthens his or her ties to his or her home country), he or she will be issued a visa. However, please be advised that this is no guarantee of issuance. Without new evidence of strong ties to Ukraine, the applicant may well not obtain a visa upon reapplication.

The Consular Section no longer has a separate application procedure for applicants who have been denied recently. Anyone who wishes to apply for a U.S. visa may request an appointment at any time, regardless of the outcome of or time elapsed since his or her last application. Applicants who have been denied a visa should follow the normal application procedure.