My brother was denied F1 Visa because of my citizenship help

[BigDaddy28 228]

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.

Thank you for your response. My brother didn't have no intentions to stay here. He wanted to come here for a better education. I see the part where you said you had to apply for the college which we thought ESL classes will be enough. Even when we talk about reapplying my brother doesn't want to try again. He said that he is not interested because the embassy wants him to have a major thing in my home country that will make him go back such as: wife, a house, land or a business. I feel like the embassy is ignoring the fact that he is 19 without a bachelor degree or a job. But that's how the system works. Edited April 9, 2014 by silkafi88

[lil2be 11]

I totally understand that. But community college is a lot cheaper and it is a government based education institute. Therefore, it can show that your brother has a better intention to come here just for bettering his education.

Some of my friends, even my sister tried to apply to a private ESL school and got denied. Because those schools are considered as not legit as government/state university or college. Plus, you are still require to take ESL classes before taking any program classes.

Again, good luck. If you need help or more suggestion. Let me know.

[BigDaddy28 228]

Thank you Lil2be I will inform him about what you have said and I will see what he decides.

[Morningmist 76]

Back in 2003, the US embassy in Delhi held a seminar for people who wanted to apply for student visas. Having relatives ( esp close relatives) in the US is a big red flag and your application will get scrutinized. Not having a clear goal for studies is another and also taking up subjects that have no potential in your home country is another.

[Morningmist 76]

A few PhD students in my university took ESL while they were taking Phd level classes. You need to pass TOEFL to get into any programme here in the States.

[DC85 113]

the one reason that it might affected the decision is if they asked him about his plans in the US and he said aviation or accounting. see, this answer kills the approval espically for the people from the middle east region. it shows that the applicant is not sure of what he is looking for, so CO thinks, he is using the F1 visa just to go to USA

[DC85 113]

One of my friends applied for F1 2 times and he got denied in Dubai. then he moved to study in Canada, then he applied for a tourist visa, and the CO granted him the visa.

another person who I met told me his story, his wife is a USC and she was about to deliver their first baby here in the USA, this guy was in process of getting his case transferred from NVC to the local post. but, then he wanted to go to be with his wife and see his first son. he applied for tourist visa and he got denied 2 times. then he applied for the third time and he wrote a letter to the chief CO, and he explained that he has no interest of living in the usa and his wife is the one who pushed the immigrant visa petition. he mentioned that his only desire is to be there when his wife deliver their baby. he went for the third attempt and the CO believed in that guy and he granted him the visa. Finally, I would say it's not about what document you have or what properties you own in your home country, it's all about if the CO believed you or not. and I know it sucks.

[JayJayH 546]

You becoming a US citizen is a VERY good reason why the visa was denied. It proves he has immigrant intent since he has a USC relative.

While it makes the case for immigrant intent stronger, it does not prove anything.

Hello

I became a US citizen this February. My brother wanted to come to the US to pursue his education in the US. Let me give you a little background about my brother.

He applied for a visitors visa but he got denied when he was under 18. They told him you dont have enough ties to Tunisia. My father asked the consular about the meaning of the ties, they told him he didn't travel outside of my home country, if he does we will give him the visa.

My brother traveled to France and he came back. He applied again they denied him again and they told him you don't have enough ties. My father asked again, he has been told that my brother has to have a car, a house or a piece of land there. Now the question is how the heck will an 18 year old guy own a car, a house or a land in a country where 40 years old men can't find jobs? and he still didn't even finish school.

He applied this time for an F1 visa, he has been denied again. Now this is where it gets weird. They ask him if he is married, of course not. They tell him you are denied. My father goes and asks again and they tell him maybe because his brother became a citizen.

I feel like they are making us turn in circles and not telling us what we have to do to help him. I email the embassy to ask about the reasons and Im still waiting.

If anybody can help me figure out what I am missing, or suggest something that we didn't do I would really appreciate it.

Thank you.

I felt like I got discriminated just because I became a citizen and I don't know what to do.

The consular officers at the US embassy in Tunisia simply do not believe that he intends to return to Tunisia after his stay in the US. There is no one piece of evidence of ties that will satisfy them. Each application is (supposed to be) treated individually, and they simply do not believe that he'll return to Tunisia if they issue him a tourist or student visa. They believe he'll arrive in the US, and make every attempt to stay, legally or illegally.

Now that you're a citizen, they believe he plans to go to the US for school, then have you petition for him to become a permanent resident, and wait out the time it takes while spending years studying in the US. This isn't illegal. In fact, it's fully legal. The problem is, you cannot get a non-immigrant visa if you intend to immigrate.

So what does he need? Hard to say. Having been to France and back is a good first step. It shows he's not desperately trying to flee Tunisia for the first western country that will admit him. Owning a car, land, property etc. would further goes to show that he's established in Tunisia. Having a stable job/income would be a good tie, as it shows he's making money in Tunisia, making it less likely that he'll try to work illegally in the US for $4/hour. Lastly, they asked if he's married because if he had a wife in Tunisia, he would have a very close family tie in Tunisia.

It is difficult for young people in countries with a substantially lower standard of living than the US to get a non-immigrant visa. The reason is because, statistically, many of them never leave once they're in. The embassy cannot, and will not, issue a non-immigrant visa to anyone they believe intends to immigrate. By law, consular officers are required to presume that any applicant has immigrant intent, until they are satisfied otherwise.

Edited April 19, 2014 by Yang-Ja