My brother was denied F1 Visa because of my citizenship help

[Cathi 5,748]

I bet you that my brother is legit more then you. Just because he got denied a VISA doesn't mean he is not legit. Now instead of making your attacks on my brother or myself I ask you with all of my respect to not to comment again if you dont have something nice to say. Keep your own opinion to yourself and only yourself as it is not helping no other here.

Rhett voe's comments are not opinions, but truth. The fact is, you are a citizen and that works against your brother. He was denied visitor visas, now all,of a sudden he wants to become a student here. It looks and sounds to the CO than he wants to get to the US at any cost, BIG red flag. No matter how much you scream discrimination, it isn't. That's is no guarantee your brother will return to his country, and until he does, he won't get a visa.

[BigDaddy28 228]

What are you talking about? No one was attacking your brother or you! Before you lash out in anger you should make sure you understand English well enough to know the difference between a personal attack and a generic comment.

Was I talking to you in that comment, if yes I apologize. If not I don't know who do you think got angry me or you?

Exactly.

OP: I believe that is the root of the denial. Student visa applicants have in the vast majority of cases already been accepted into a college/program, then that college provides paperwork as to the acceptance and this paperwork plus documentation supporting the financial aspects is what leads into the visa.

In your original posts, you noted that he would study "aviation or accounting", which seems to be saying he is not accepted into a college yet and he would only later decide and apply. There is no guarantee of admission into a college, except for private ones that will take you as long as you pay their tuition. Aviation is very expensive, and there are very constraining rules for foreigners (thanks to 9-11), which esentially have closed the field for all but rich foreigners. Accounting means a 4-year college, and an admission process.

Admissions don't happen overnight, even if he is inthe US it would be a 6-7 month process. What would he do for that pereiod of time. The student visa is granted to start studies within a short period of time, couple of months usually.

I believe that is the problem here. You don't just go asking for a student visa, to come into the country and then figure out what would you study. Even for non-college type of studies, inclusive to aviation. The prospective student has to be accepted first. Otherwise is kind of asking for a fiance/e visa without having a fiance/e and then come to the country to 'find' one.

SO, for specific advice: your brother has to go to an admission process to a school/college, then be accepted, then can he ask for a student visa. With the financial supporting documentation; and here is where your aid might kick in: if the college is in the area you live, you can offer a housing support for example, which reduces his overall financial liability.

The college/school will provide him, during the admission process, the estimate costs of living, tuition, insurance, etc; such that it is clearly spelled out how much money -minimum- per year he must have to support his studies. Then he provides strong documentation that he has those financial resources, then the possibility of a visa is strong.

I don't believe, like others have noted that the fact that you are a citizen would count as much at that point -a lot of first hand experience here-; but it does when there is no specific admission to a program.

Good luck

My brother doesn't have 2 I20's. He applied for ESL classes in a company inside the university he was going to apply for later. Now we didn't apply at the company and the university because we weren't sure he will get the visa. We wanted him to start off with english and get his language strong enough and then apply for aviation or accounting. Why aviation or accounting? Accounting is what he does right now, aviation is because he wanted to be a pilot and then work in an aviation company in my home country. Now the financial situation, we can handle it we are not poor. We can cover all the expenses. Why did we want him to live with one of our family members? The reason is we didn't want him to have a shock because of the new environment and how things go, besides he will need advises about how things run here. I'm not commenting about 9-11 because I feel the same way you feel. I'm not saying whoever done was right but there are a lot of innocent people who passed away that day, may they rest in peace. Regarding the process to get the I20 6 months is too much, the reason I tell you that is because when I called the school they told me it takes 1 to 2 weeks if all the papers are ready. I didn't apply once but I transferred to other schools too when I was on F1 visa. All of the process about the I20 we followed it to the Z and we have all financial support to support his studies. He got denied.

Rhett voe's comments are not opinions, but truth. The fact is, you are a citizen and that works against your brother. He was denied visitor visas, now all,of a sudden he wants to become a student here. It looks and sounds to the CO than he wants to get to the US at any cost, BIG red flag. No matter how much you scream discrimination, it isn't. That's is no guarantee your brother will return to his country, and until he does, he won't get a visa.

You got the idea wrong, when my brother applied for the tourist visa he was under the age 18. We wanted him to come here to spend summer vacation here and meet his nieces that he never seen then go back home to finish high school and his education there. I didn't take them back with me to my home country when I went last year because I was afraid the country will go in unrest again and they will be stuck there. Wanting to become a student is not related to wanting to be here. My father sent me and my sister both on F1 visas, I met my wife and we got married and now have kids. My sister finishes this semester the school and she is going back to my home country as she is on F1 visa until now. My brother doesn't want to come to the US "at any cost". I just spoke to him today and asked him whats going on with him he said he just got off school. Not every person who wants to come to this country wants to stay here. Some people prefer going back to their home country. I guess you can't know if somebody is willing to go back or not without going into their head. Not all the people are the same, not everyone has the same desires.

[Gosia & Tito 199]

My brother doesn't have 2 I20's. He applied for ESL classes in a company inside the university he was going to apply for later. Now we didn't apply at the company and the university because we weren't sure he will get the visa. We wanted him to start off with english and get his language strong enough and then apply for aviation or accounting. Why aviation or accounting? Accounting is what he does right now, aviation is because he wanted to be a pilot and then work in an aviation company in my home country. Now the financial situation, we can handle it we are not poor. We can cover all the expenses. Why did we want him to live with one of our family members? The reason is we didn't want him to have a shock because of the new environment and how things go, besides he will need advises about how things run here. I'm not commenting about 9-11 because I feel the same way you feel. I'm not saying whoever done was right but there are a lot of innocent people who passed away that day, may they rest in peace. Regarding the process to get the I20 6 months is too much, the reason I tell you that is because when I called the school they told me it takes 1 to 2 weeks if all the papers are ready. I didn't apply once but I transferred to other schools too when I was on F1 visa. All of the process about the I20 we followed it to the Z and we have all financial support to support his studies. He got denied.

So, does he or does he not have an I-20 from the ESL school?

Seems from your post that he does not ('he didn't apply at the company and the university because we weren't sure he will get the visa').

It is confusing because you later say that you followed the I-20 process ( 'All of the process about the I20 we followed it to the Z...'); thus again, has he applied and gotten an I-20?

If yes, Is the ESL school reputable? I mean, there are ESL schools out there whose main reason to be is to provide I-20s to foreigners to allow for a F1. You might want to check on that too. The fact that is housed within a college is immaterial.

Not questioning why he would want to do aviation or accounting, just that processes are different in form and time; and yes an I-20 from an ESL would be faster likely; the 6 months I noted is for a 4-year degree college. Aviation would also be shorter times for acceptance and I was merely noting that costs are vrey hihg and that there are very stringent limitations for foreigners...I know this because I had been doing flying classes.

If the above is the case (not having an I-20), that is the reason.

I believe (not sure though) that one cannot change a B1/B2 to a F1; and thus would've been highly suspicious at the Embassy. And asking for a F1 without an I-20 will not get to a visa.

Now at this point, any further attempts might already look suspicious as the impression the Embassy has (look at it objectively and hopefully you will arrive to the same view) is that yout brother is trying to get to the US at any cost, even when he has the least intention of even coming in here.

Furthermore: "Now the financial situation, we can handle it we are not poor"; Why would he not pursue aviation in Europe, to which he appears to have a visa? As before, looking at it objectively, the impression is that he is trying to get here at any cost.

The CO will assume, even without all what has happened, that a visa petitioner is intending to overstay. Is the job of the appicant to conclusively demonstrate he/she is not. Sometimes it is an uphill battle and vrey difficult to overcome. Multiple attempts under various categories of visa are probably not helping.

As you are a citizen, you have the possibility of applying for him, based on a family relation. Now, the category for siblings is a long wait.

Finally, from what you write, it would seem your brother is not interested at all in coming over to the US, Why then the insistance? He is an adult and can decide on his own, or Are there special circumstances around it?

I suggest you give good details in your post, the I-20 came up only after several posts, and each time there is one additional detail that makes it very difficult for anyone here to full yunderstand the situation.

In any case, good luck

[Boiler 45,516]

My Brother is an Accountant, I know the practices in the US can be very different to elsewhere, does Tunisia follow US practice.

Going to Uni is one thing, ESL is often used where the true intent is otherwise. Can he not take English lessons locally?

[BigDaddy28 228]

So, does he or does he not have an I-20 from the ESL school?

Seems from your post that he does not ('he didn't apply at the company and the university because we weren't sure he will get the visa').

It is confusing because you later say that you followed the I-20 process ( 'All of the process about the I20 we followed it to the Z...'); thus again, has he applied and gotten an I-20?

If yes, Is the ESL school reputable? I mean, there are ESL schools out there whose main reason to be is to provide I-20s to foreigners to allow for a F1. You might want to check on that too. The fact that is housed within a college is immaterial.

Not questioning why he would want to do aviation or accounting, just that processes are different in form and time; and yes an I-20 from an ESL would be faster likely; the 6 months I noted is for a 4-year degree college. Aviation would also be shorter times for acceptance and I was merely noting that costs are vrey hihg and that there are very stringent limitations for foreigners...I know this because I had been doing flying classes.

If the above is the case (not having an I-20), that is the reason.

I believe (not sure though) that one cannot change a B1/B2 to a F1; and thus would've been highly suspicious at the Embassy. And asking for a F1 without an I-20 will not get to a visa.

Now at this point, any further attempts might already look suspicious as the impression the Embassy has (look at it objectively and hopefully you will arrive to the same view) is that yout brother is trying to get to the US at any cost, even when he has the least intention of even coming in here.

Furthermore: "Now the financial situation, we can handle it we are not poor"; Why would he not pursue aviation in Europe, to which he appears to have a visa? As before, looking at it objectively, the impression is that he is trying to get here at any cost.

The CO will assume, even without all what has happened, that a visa petitioner is intending to overstay. Is the job of the appicant to conclusively demonstrate he/she is not. Sometimes it is an uphill battle and vrey difficult to overcome. Multiple attempts under various categories of visa are probably not helping.

As you are a citizen, you have the possibility of applying for him, based on a family relation. Now, the category for siblings is a long wait.

Finally, from what you write, it would seem your brother is not interested at all in coming over to the US, Why then the insistance? He is an adult and can decide on his own, or Are there special circumstances around it?

I suggest you give good details in your post, the I-20 came up only after several posts, and each time there is one additional detail that makes it very difficult for anyone here to full yunderstand the situation.

In any case, good luck

I thought it was clear that before he goes for interview he would have to have an I20. The company is called BGLI and its a very good company. I know that where its at is irrelevant but we chose that one because it is inside the university we intended to apply for him after he gets done with ESL classes. I'm not trying do deny your thoughts about the school because I know that every school is different. But even 4 years colleges in Ohio at least the one I applied for weren't that long. Again I know all schools aren't the same. Now else applied for the US because his immediate family is here, we will care for him more then others will do. We have a lot of family in Europe, as a matter of fact I'm half French but I don't Cary French citizenship. We have a lot of family there but we were just scared that he would be lost there. As you said he is an adult and when I spoke to him he decided that he just wants to pursue his education in my home country. He said he doesn't want and he is not interested in going to school in other countries. So he just decided to stay in my home country and that's what we are going for as of now.

[BigDaddy28 228]

My Brother is an Accountant, I know the practices in the US can be very different to elsewhere, does Tunisia follow US practice.

Going to Uni is one thing, ESL is often used where the true intent is otherwise. Can he not take English lessons locally?

He can but we thought since he will study here for one of these fields mind as well learn English and speak the right way here. I don't really know if the accounting practices are the same in both countries since I'm not really specialized in that field but we wanted him to get a good education and get a degree where its recognized almost everywhere in the world.

[Boiler 45,516]

He can but we thought since he will study here for one of these fields mind as well learn English and speak the right way here.

I don't really know if the accounting practices are the same in both countries since I'm not really specialized in that field but we wanted him to get a good education and get a degree where its recognized almost everywhere in the world.

It does not matter now but if it comes up again something to look into.

As a matter of general comment you can see how you managed to confuse people here, the CO would most likely have less time to review the case.

Lack of clarity will not help the case.

[SANDY AND HAMZA 4]

what about if your bro just give up coming to the states? the more he do it , the more he proof he is so desperate to come here , waist of time and money

[RhettVoe 282]

To silkafi88: your brother may indeed have a difficult time getting a student visa, for many many reasons. You may well be correct in that your recent acquisition of citizenship might have worked against him....after all, you now represent a stable platform from which he could remain in the US, with your help...in addition, you did not return after your studies...and while you stated that your sister is supposed to, she has not yet done so....now, if she does return, that might bode well for your brother....if she does not, well, imagine the next CO who interviews your brother and discovers that out of the two siblings who studied in the US, none returned...it will make his claims about why he will be the first to sound rather weak....

In addition, as you wrote earlier, 'there are no jobs for 40 year old men.." which makes claims about returning to Tunisia to save their economy also hard to believe...

Adjudicating student visas is not an exact science....I am sure that many bona fide student visa applicants were denied while other less bona fide ones were approved...if he reapplies, he should be more than prepared...(due to his previous denial)...I don't have a magic answer for him or you as to how he might succeed....but merely showing up again soon with the same story will likely speed up that interview to its conclusion, but not in the outcome both you and he hopes for....

Letters from you, promising to 'make sure he goes home' will make things worse rather than better...after all, none of the statements you might put to paper are enforceable...job offers from 4 or 5 years hence will not carry any weight...what company would reserve a spot for anyone?

Probably (again, I cannot say with a certainty) the best thing for him to do is to reapply some time in the near future (but not too soon) and present himself as himself, without a lot of window dressing from others....and see what happens.

[Boiler 45,516]

Perhaps he has a plan to provide work to the over 40's?

[AnotherLostSoul 167]

Simply put: You are a US citizen...you're brother just 18. The age where most people, although full adults, has not established anything that would tie them to a certain place. No spouse, no stable job. Just a teenager who is ready to settle wherever life takes him. That is the view in the USCIS eye and that is why they don't want to approve him. Top of that, he tried not once to go to the US...sort of makes them suspicious why this young guy wants to go to US so bad when he's technically still almost a kid and should want to stay at home with his friends, family and goof around. He first wanted to come when he was only 16, and ever since he has not put that idea away and has been trying one way or the other, tourist visa, or student visa, whichever might be granted, and might sound more "appropriate". And top of that now his adult sibling became a US citizen who could easily file for him as he is still under 21. And knowing how you came here at the time to study and "convincing them you have no intention to remain in the US which you just did" and your sister same way has not left the US but remained...well, you know what that might indicate in USCIS eye...that you guys are not trustworthy...Plus, you by immigrating here, getting US citizenship further showed that somehow this family does not want to stay united but rather have an intent to stay in the US (you did that, look at your sister). So in all aspects, USCIS sort of drags their feet about this situation...doesn't seem like strong family ties. It's not the fact really that he doesn't have a car, or house, or not married...I had many friends who got their visa in a matter of minutes (if not counted in seconds) at their US Embassy even thought they did not have a house/car/land, but their family was there, each single one of them, and showed strong ties with each other. Sometimes the family ties are valued higher than material ties as car/house/land/job. Anyway, all the best with whatever your brother decides!

Ps: I want to add here in the edit section this: I do not mean to hurt you, or insult you, just telling you what may seem in USCIS eye that makes them be hesitant about granting a visa to your brother. I sincerely wish the best to him whatever he decides to do!

Edited March 24, 2014 by AnotherLostSoul

[milimelo 4,479]

Simply put: You are a US citizen...you're brother just 18. The age where most people, although full adults, has not established anything that would tie them to a certain place. No spouse, no stable job. Just a teenager who is ready to settle wherever life takes him. That is the view in the USCIS eye and that is why they don't want to approve him. Top of that, he tried not once to go to the US...sort of makes them suspicious why this young guy wants to go to US so bad when he's technically still almost a kid and should want to stay at home with his friends, family and goof around. He first wanted to come when he was only 16, and ever since he has not put that idea away and has been trying one way or the other, tourist visa, or student visa, whichever might be granted, and might sound more "appropriate". And top of that now his adult sibling became a US citizen who could easily file for him as he is still under 21. And knowing how you came here at the time to study and "convincing them you have no intention to remain in the US which you just did" and your sister same way has not left the US but remained...well, you know what that might indicate in USCIS eye...that you guys are not trustworthy...Plus, you by immigrating here, getting US citizenship further showed that somehow this family does not want to stay united but rather have an intent to stay in the US (you did that, look at your sister). So in all aspects, USCIS sort of drags their feet about this situation...doesn't seem like strong family ties. It's not the fact really that he doesn't have a car, or house, or not married...I had many friends who got their visa in a matter of minutes (if not counted in seconds) at their US Embassy even thought they did not have a house/car/land, but their family was there, each single one of them, and showed strong ties with each other. Sometimes the family ties are valued higher than material ties as car/house/land/job. Anyway, all the best with whatever your brother decides!

Ps: I want to add here in the edit section this: I do not mean to hurt you, or insult you, just telling you what may seem in USCIS eye that makes them be hesitant about granting a visa to your brother. I sincerely wish the best to him whatever he decides to do!

There's absolutely no difference if sibling of USC is under 21 or over 21. Wait time is the same - 10-13 years (currently) for most countries except Philippines and Mexico.

OP - get the petition for brother sent in if the ultimate goal is to get him to the US. He will wait the requisite time until visa number is available. He can finish school and get a job in his home country.

[Harpa Timsah 13,258]

I don't think the USC brother had anything to do with it. The wait is over 10 years, and any overstay would make one ineligible. I think it was an excuse.

I do think there were too many attempts to come to the US, tourist visas before 18, student visas after 18. It reads like trying any and all routes to get the US. The student visa plan was disorganized and spurious. They want to see a solid plan to attend school in the US, to learn something, earn a degree, and leave, not a patchwork plan to keep the person on student status doing random things. A little ESL here, then maybe some of this, or some of that, without knowing if he would even qualify, if not that than more ESL and maybe a clown college or underwater basket weaving: that looks bad, confused, and full of ulterior motives.

I am not sure , even if the student was able to make a solid plan now, if he would qualify, because of the repeated previous attempts. Good luck.

[AnotherLostSoul 167]

You guys are both right, maybe the USC brother fact itself is not the trigger...but the fact that both the USC brother both his sister came to the US at the time as students and then they just "forgot" to leave and "forgot" their promise of "no intention of immigrating" mixed with the little brother trying so many times to enter the US (both before 18 as tourist, after 18 as a student) may indicate a warning sign for USCIS about the "NO INTENT OF IMMIGRATING"...after all the brother's ties to his siblings as family members are no longer would be in their home country as both siblings has since "forgotten" to leave back after their studies and "forgot" their "promise"....or maybe I'm over speculating this...I'm not USCIS (thank god).

[lil2be 11]

Before your brother even applied for a F1, you should have applied to a school first. Meaning, he will have to get through a prospective school admission. He might have to pay an admission fee. some schools, it is refundable but most schools it is not. It is showing that he had a good intention to study. Not just pop up in some ESL classes, and never show up for the rest....

Anyway...

I applied for F1 when I was 29 with two degrees? And It went smoothly.

Here how I did it:

1. I had a letter explain why I wanted to pursue my career as a nurse in the US. I also had a proof of financial support from my parents which would cover my expenses in the US.

2. I applied at a community college because it was cheaper. They issued my I-20. The school registered me ESL classes but I didn't have to pay tuition until it was due.

3. I sent my i20 together with the letter, application form and fee.

4. I got back NOA with an approval.

Your brother can try again and make more effort with your help in applying yo school. To apply to the school. Go talk to school international counselor, they have more experience in this particular area and can give you a better advice or specific answers that suit best for your brother case.

Good luck.