B2 Visa Refused - International Student

[RhettVoe 281]

The number of American citizens who overstay in the PI is virtually nonexistent compared to the number of Filipinos who enter the US with visas and forget to return, which is why American citizens have much more free access to your country than mine.

While your viewpoint of your interview was unfair, what no one knows is how you answered the COs questions during same. Perhaps you gave off the wrong vibes...in any event, a piece of paper (enrollment papers, for ex) will not overcome 214b...as you found out, there are no specific bright line requirements for obtaining a US tourist visa..if there such requirements, every visa applicant would find a way to get them.

At this point, your options are 1..reapply or 2...travel within the EU...no one on this site has the optimal solution...lastly, our laws state that every tourist visa applicant is presumed to be going to the US to stay permanently,so the applicant must convince the CO otherwise.

[andaluza 1]

The number of American citizens who overstay in the PI is virtually nonexistent compared to the number of Filipinos who enter the US with visas and forget to return, which is why American citizens have much more free access to your country than mine.

While your viewpoint of your interview was unfair, what no one knows is how you answered the COs questions during same. Perhaps you gave off the wrong vibes...in any event, a piece of paper (enrollment papers, for ex) will not overcome 214b...as you found out, there are no specific bright line requirements for obtaining a US tourist visa..if there such requirements, every visa applicant would find a way to get them.

At this point, your options are 1..reapply or 2...travel within the EU...no one on this site has the optimal solution...lastly, our laws state that every tourist visa applicant is presumed to be going to the US to stay permanently,so the applicant must convince the CO otherwise.

Thanks for your response .

Also I'm not Filipino, and there is a low number of citizens from my country 'forgetting to return' from the US.

I do think that during my interview with the CO I was very brief and didn't get into details. When asked why I didn't want to study in the US I didn't give a convincing answers (because I didn't think I had to 'win her over' ), I just said I preferred a European degree, maybe If i expanded more on why I went though the trouble of taking further qualifications to get into a EU university rather than going the easier way and studying in the US (I have a accredited US High School + other UK qualifications that I had to take to be able to study in the EU, meaning I took a gap year just so I could have those and go EU rather than US) .

I think I will try one more time in few months with more documents and really be more confident and expand further on why I'm here and not there and why I wont stay there. Also bring with me my end of term exam results so they see I take my studies seriously. I thought my visa was going to be 'very easy' to get so was rather brief with my answers (and definitely not elitist / overconfident / 'self entitled' like some people unkindly said )

[RhettVoe 281]

Sorry, I thought the moderator somehow knew you were from the PI, since she mentioned it.

Do you have an actual resident card from the country in which you are studying or a student visa-type status? The former should be strong indicator that you have little to gain by abandoning that status just to wash dishes or cars in the US....if you do have the resident's card (like a green card for a European country), that should be very strong evidence in your favor.

[Kathryn41 3,205]

My apologies - I thought I saw a Philippines connection when reading over the profile and the comments but can't find it now.

There does not seem to be much rhyme or reason as to why some individuals with identical circumstances and credentials are granted a visa and others are refused. A lot does come down to the individual officer who is reviewing the petition at the time and some are obviously more understanding than others ( or didn't have a 'bad' day!).

You can certainly try applying again in a few more months. This time I would try to find documents that reinforce all of the reasons why you 'can't' remain in the US along with those that show why you 'wouldn't' want to.

There is an American 'attitude' that you will need to overcome (Americans may bristle at this comment but non-Americans are very familiar with it) - that everything is better in the US and anyone who lives anywhere other than the US always (underline always ) wants to take advantage of everything the US has available. This attitude is indoctrinated into Americans throughout their lives and it does create a bias that can prevent an 'objective' review - all things being equal - of such things like visitor visas. Many Americans who travel out of the US will recount troubles they themselves have had when returning and crossing the border back into the US from border guards who seem to be suspicious of any American who has voluntarily chosen to go somewhere outside of the US - as if they are saying the US isn't 'good' enough for them. Now, not all Americans have this attitude but many do - and it does seem to be especially strong in those Americans charged with 'protecting' the American borders - Immigration officers and border patrols. There is also currently a strong 'anti-immigrant' attitude here in the US that infiltrates many levels of American society and any potential for another 'illegal' immigrant - someone who enters legally but decides to overstay their visa, along with those who enter illegally- is a political hot potato, so the US borders are definitely far more closely controlled than many other countries. Some of those charged with this are rather 'rabid' about it, seeing terrorists and criminals and visa violators behind every tree and shadow, while others may be more understanding and realistic, but ultimately, don't want to be 'The One' who let that criminal or terrorist in who did create the next 9-11.

It is difficult to understand that this is the reality here in the US when you don't live in the US. When you do live in the US, it is still incredible to realize people actually do think and feel this way.

So, the more you can reassure immigration or those responsible for keeping Americans safe from 'foreigners' that you are not a threat either personally, financially, legally or in any other way by showing you have strong and definite ties that would negativvely impact your own financial/economic AND personal well-being if you overstayed a visa, the more likely you will be granted a visitor's visa.

Good luck.

Edited November 28, 2013 by Kathryn41

[andaluza 1]

Sorry, I thought the moderator somehow knew you were from the PI, since she mentioned it.

Do you have an actual resident card from the country in which you are studying or a student visa-type status? The former should be strong indicator that you have little to gain by abandoning that status just to wash dishes or cars in the US....if you do have the resident's card (like a green card for a European country), that should be very strong evidence in your favor.

Yes, I do have a residence card at the country I am studying. This is exactly the point I was making. I have a life here, EU residence, my university, my home (on an annual rental agreement), everything I need. And there is no reason for me to leave all of this to go to live illegally in a country where I myself chose not to go to for my degree because it just doesn't suit me, I am just not an Americanophile .

I thing there is nothing more to add. Thanks for everyone for your words. I just was infuriated, I was hoping to spend some good time with my sister and had so many things planned out for this Christmas holidays in NY . Now that I have had time to process it all I feel more calm and will just try applying again in few months time before giving up.

Thank you for answering my messages and good luck to all of you

[RhettVoe 281]

I must say, I am a bit surprised that you were not approved, if you are a resident of an EU country...that status would a lot to throw away just to get to the US. Many other applicants have far less to encourage their return, yet many are granted visas. Good luck to you next time.

[SennaBrigante 92]

You do have to win the CO over. I've read of experiences where their circumstances made them highly qualified for a tourist visa but their attitudes during the interview doomed them. Other times, the applicant had nothing of substance on paper but was granted a visa anyways because of how they performed during the interview.

[andaluza 1]

I must say, I am a bit surprised that you were not approved, if you are a resident of an EU country...that status would a lot to throw away just to get to the US. Many other applicants have far less to encourage their return, yet many are granted visas. Good luck to you next time.

I called and asked and they said that there are a lot of students at bogus universities who's only aim is to go the US. Which is irrelevant to my cause in my opinion because if that was my aim I could have gone directly for the same price to the US as F1 to study. I had the grades and I had the money. I just didn't want an american undergraduate education.

It sad to spend the holidays alone, and my sister alone just because "I didn't convince them" .

I have a major depressive disorder and I see a psychologist on a weekly basis. They wanted to put me on SSRI and I am scared. Seeing my sister meant a lot to me! After the visa rejection I got proper sick to the extent I couldn't get up from bed for 36h. It really had a toll on me. Now whenever I hear about the US, 'visa' or travelling it really hurts me and I even tear. I honestly just wanted to spend some days with my sister . She can't come, I can't go... i feel soooo sad.

[RhettVoe 281]

Well, it is true that there are a ton of bogus/questionable 'universities' out there, in which foreign students enroll, then after a semester or two, try to get a visa to the US, hoping their so called student status will give them an edge during the interview...however, in this day and age of rapid information gathering (via the internet), it takes but moments to determine the overall 'stature' of many fly by night, study at home, buy a diploma universities, and then be better prepared when the 'students' of said institutes of 'lower learning' show up to make their way to the US....in your case, however, you said were attending a reputable one, and had a resident's card from an EU country...is that not true?

[andaluza 1]

Well, it is true that there are a ton of bogus/questionable 'universities' out there, in which foreign students enroll, then after a semester or two, try to get a visa to the US, hoping their so called student status will give them an edge during the interview...however, in this day and age of rapid information gathering (via the internet), it takes but moments to determine the overall 'stature' of many fly by night, study at home, buy a diploma universities, and then be better prepared when the 'students' of said institutes of 'lower learning' show up to make their way to the US....in your case, however, you said were attending a reputable one, and had a resident's card from an EU country...is that not true?

Sorry I meant to say that either at Bogus universities or just at university to have that status to be able to leave. (This is what I was told when I called, and it's somebody who has not seen my papers, just commented on what I've told him).

Yes, it's true I have residence card from a EU country and I am attending a reputable university too.

[RhettVoe 281]

Well, assuming there is nothing else to the situation, your denial does seem a bit out of place....(not that my opinion matters!)

[andaluza 1]

Well, assuming there is nothing else to the situation, your denial does seem a bit out of place....(not that my opinion matters!)

That's what I thing as well. My family couldn't believe it when I told them.

That's why I am asking if there is anything I can do about it. It says on the letter I was given that I cannot appeal it, so what can I do?

I would have applied again however they have no more appointment availability for December.

[Boiler 44,700]

No time to re apply, could you both do a trip home for Christmas?

[RhettVoe 281]

It is true that there is no appeal nor review available for a tourist visa denial...one has to reapply.

[JayJayH 546]

It is true that there is no appeal nor review available for a tourist visa denial...one has to reapply.

Yep. The reasoning behind it is fairly odd as far as laws go, but makes sense nonetheless.

A denial under INA 214(b) is not a finding of guilt, nor is it a conviction of anything. It is a presumption of intent, and consular officers are given authority to deny a visa based on presumption. However, because a presumption is not a finding, that presumption is gone the minute the applicant leaves the consulate, and he/she can re-apply whenever they like. The denial under 214(b) itself - because it is not a finding of guilt - cannot be used against the applicant ever again, but the presumption of the applicant's intent will still be there. Thus the outcome of an application can only be different if the presumption of immigrant intent is turned into a presumption of non-immigrant intent.