H4 Visa Erroneously Denied due to Immigrant Intent – INA 214(b).

By: Shabnam Lotfi - Published on October 20th, 2016

Our client came to us after being denied an H4 visa. His wife was in the United States on an H-1B visa, and he had applied for an H4 visa to join her in the US. When he went to his interview at a US consulate abroad, the consular officer denied him a visa. The consular officer refused the visa on the grounds that he had immigrant intent, citing INA 214(b).

We immediately realized that the consular officer had erred in his/her understanding of the law. INA 214(b) does not apply to dependents of H-1B visa holders. We immediately contacted the consulate and the US Department of State and explained the situation. After several messages back and forth, the consulate agreed with our position that INA 214(b) did not apply to our client’s visa application. The consulate acknowledged the error, and asked that our client send his passport for visa stamping immediately.

We are proud to have been able to correct this error and reunite our client with his family in the United States.