Meu visto O-1 foi recusado sob 214(b). O que isto significa? Posso solicitar novamente um visto se ele foi recusado sob 214(b)?
Bridget Ramos • May 13, 2022
Click here to read this article in English
De acordo com a seção 214(b) da Immigration and Naturalization Act (Ato de Imigração e Naturalização), todo estrangeiro é presumidamente um imigrante até que ele ou ela estabeleça para a satisfação do oficial consular que ele ou ela tem direito a um status de não imigrante. Em outras palavras, todo estrangeiro deve superar a presunção que eles não pretendem permanecer permanentemente nos Estados Unidos após o final do seu visto de não imigrante.
Se a você for negado um visto sob a seção 214(b), isto significa que o oficial consular não acreditou que você tinha intenção de não retornar para o seu país de origem após o final do seu visa O-1 porque você não forneceu evidências suficientes para mostrar laços fortes com o seu país de origem. Normalmente os não imigrantes devem mostrar que possuem uma residência no exterior à qual retornarão após o final de sua estada. Este requisito do 214(b) se aplica às classificações de visto de não imigrante, incluindo B, F, H (exceto H-1), J, M, O-2, P, e Q.
Entretanto, há uma exceção para solicitantes de visto O-1. Embora os solicitantes de visto O-1 devam mostrar que eles apenas pretendem ficar temporariamente nos Estados Unidos, um solicitante de visa O-1 não é obrigado a mostrar que ele possui uma residência no exterior. Se você teve seu pedido de visto O-1 negado por falta de residência no exterior, isso é um erro na aplicação da lei, e você pode contestar a decisão do oficial consular.
Uma recusa de acordo com a seção 214(b) não impede você de solicitar um visto novamente. Você pode solicitar um visto novamente, mas esteja preparado e tenha documentação suficiente mostrando que possui fortes laços com seu país de origem. Laços fortes podem incluir membros da família, um emprego, contas bancárias ou qualquer aspecto de sua vida que o ligue ao seu país de origem.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
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Bridget Ramos
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If you are planning on filing an O1B visa based on your extraordinary ability, you may need to provide some reference letters as part of the evidence for your application.
You can use letters for various requirements. One specific requirement for the O1B that you will definitely need letters for is the requirement: Evidence the beneficiary has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the alien is engaged. Such testimonials must be in a form which clearly indicates the author’s authority, expertise, and knowledge of the alien’s achievement. The letters should come from individuals who work within the same field and explain their own background and accomplishments within that field. The individual should also be familiar with the applicant’s work and be able to attest to that person’s accomplishments within the specified field. Letters from individuals without experience within the same field as the a
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