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A 47-year-old relative applied for a US B1/B2 visa in Lima, Peru today and completed the DS-160 form specifying the following relevant information:

- That she was divorced for more than 10 years now. 
- That she will travel with her 27-year-old son and that he will be mainly affording the trip costs.
- That her sister is a LPR (Lawful Permanent Resident).
- That her role at work is actually related to business tasks and being in charge of 3 people and also specified her salary (which is way more than the minimum wage for the country).

And, during the interview, the consular officer just asked the following questions (with a terrible attitude, not even saying “hello” and showing at least a bit of respect):

Q: What’s the purpose of the trip?
A: Attend to my sister’s wedding with my son and stay for 5 days in FL.

Q: Who will afford the trip costs?
A: I will, but my son will primarily do it (I have papers to demonstrate his funds and job if you want to take a look).

Q: Does your son have a US visa?
A: Yes, he does.

Then, the consular officer just said “Ah, your son has a US visa" (she took note of something in the system) and told my relative that her application was refused under "Section 214(b) of the US immigration and Nationality Act" and gave her a paper “explaining the reasons” of the decision.

After that, my relative asked the consular officer what was the specific reason of the refusal and she just told her to read the paper - which actually says nothing and we all know it’s just a formalism and contains too abroad information - then my relative replied “but the paper says nothing” and the consular officer just stopped talking.

Being that said, I got the following questions:

1. What could be the criteria, in this particular case, for refusing my relative’s visa application (based on your experience, since I can't really understand) and how is it possible for a consular officer to determine whether or not you are eligible for a visa with such basic questions and without reviewing any document.

2. Based on the previous info, can I assume that my relative got a refusal because of the “attitude” of the consular officer and do you think it’s a good idea to re-apply soon?

Particularly I find all this a bit unfair and totally inaccurate to determine who is eligible for a US visa or not and compared to other embassies but this is just my personal opinion (at the end it feels as if the applicant is playing a roulette game).

marked as duplicate by user 56513, DJClayworth, Giorgio, Ali Awan, user13044 Apr 28 '17 at 6:05

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  • @SheikPaul I am asking about this particular case and what assumptions could be done by the consular officer to have the application refused, again, in this particular case. On the other hand, I am asking more than just a question based on the provided information. Anyway, thanks for sharing the link, it develops what a "section 214(b)" means in a better way. – Oscar Apr 27 '17 at 23:17
  • There's really nothing you can do unfortunately. Don't bother trying to complain. Peru has a relatively low refusal rate at 16.1% travel.state.gov/content/dam/visas/Statistics/… so she's in the minority. I wouldn't reapply because typically they mandate a 6 month cooling period before reapplication. USA visa approval rates can be frustratingly random and unlike the UK, the reasons they give are very vague. – user 56513 Apr 27 '17 at 23:19
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    One might guess it is failure to show reasons to return to Peru. She is divorced, going to the USA with her son (only son?) to visit her sister who has already immigrated to the USA. No mention of parents attending the daughter wedding, are they deceased? Her son is paying hence likely she has a low paying job. These all lean towards the possibility of staying in the states and not returning home. Consular officials (as well as CBP when you get to the USA) assume everyone wants to move to the states and it is up to you to prove them wrong. – user13044 Apr 28 '17 at 1:19
  • @Tom Actually, other family members will go too but she was supposed to travel only with her son, that's why she said that and, again, makes no sense, she even had her payslips and other documents but her son earns even more because of what he does, that's all, I wonder why they act like freaks. – Oscar Apr 28 '17 at 3:59
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    @Tom Well, not really, I just asked you something specific: "what do you think it's needed...", "...how do you prove your intentions if questions are basic" in my previous comment and I also asked 3 specific questions on top (where you just answered one of them in one of your comments) and I am sorry, we have differences, but you seem to have no argument from what I typed, otherwise I would admit that I am wrong but everything that I typed seems not to be far away from reality - even my last example - but anyway, I appreciate your feedback on this. – Oscar Apr 28 '17 at 6:26