Student Visa after denied tourist visa?

[merc0230 28]

So, my sister in law was denied a tourist visa (very recently). We know of a language school that sponsor her for the I-90(?) but we are concerned that if she was denied (due to the lack of strong ties) that she will only be denied again. She is married (hubby will be staying back), she has a 3 year old that would accompany her, sufficient funds, etc.

What do you guys think?

[Hypnos 6,576]

It's going to look like she is a visa shopping; she will need a good amount of proof to overcome this.

[merc0230 28]

I guess I should have given all the information in the first post...to see if it has any effect on the general census.

My 3 year old niece was just previously approved for a visitation visa. (She is coming for my son's 1st birthday with her grandmother), during the interview, my SIL was asked “why aren't you going”? Implying that she would have been approved also, (at the time she didn't think she could miss the time from work). My understanding is the child's strong ties are really, the parent's strong ties. So if the child has strong ties, surely the parents due as well right? We kinda feel like the embassy official made a mistake in not approving the visa (as I am sure most everyone does)

Does everyone it might be better just to try again for the visitation visa with the husband traveling for vacation as well?

[RhettVoe 282]

returning soon with a 'sudden interest' in learning English will cause the VO to wonder what exactly is going on? And why is it sooooooo important that a 3 year old visit the US?...sounds like there is something else going on.

[david&whenz 5]

Not a good idea. There's a good chance she'll be denied again. The IO would think she can learn English in her home country.

[merc0230 28]

returning soon with a 'sudden interest' in learning English will cause the VO to wonder what exactly is going on? And why is it sooooooo important that a 3 year old visit the US?...sounds like there is something else going on.

My son's first birthday is why it is soooo important...obviously important to us, not to the rest of the world.

Thanks everyone for their input. It is exactly what we wanted, honest, unbiased opinions.

[jan22 3,056]

I guess I should have given all the information in the first post...to see if it has any effect on the general census.

My 3 year old niece was just previously approved for a visitation visa. (She is coming for my son's 1st birthday with her grandmother), during the interview, my SIL was asked “why aren't you going”? Implying that she would have been approved also, (at the time she didn't think she could miss the time from work). My understanding is the child's strong ties are really, the parent's strong ties. So if the child has strong ties, surely the parents due as well right? We kinda feel like the embassy official made a mistake in not approving the visa (as I am sure most everyone does)

Does everyone it might be better just to try again for the visitation visa with the husband traveling for vacation as well?

I'm a little confused -- in this post is sounds like she didn't apply, but in your original post you said she was denied. Did she apply after the 3-yr-old got a visa? And, BTW, I don't think you should infer that the reason for asking why she wasn't going implied that she would have been approved -- it was just as likely that the visa officer wanted to be sure there wasn't an issue of child smuggling or something. The issuance of the visa could have actually been helped by the mother not going might have been seen as a very strong reason why the grandmother would ensure that the child returned home to her mother. The child's ties in this case were grandmother's and the fact that mother was not travelling.

If the mother was turned down as an intending immigrant (i.e., under 214b, not showing strong ties) for a visitor visa, that same section of the law applies to student visas as well. Unlikely to change from a recent denial.

[merc0230 28]

I'm a little confused -- in this post is sounds like she didn't apply, but in your original post you said she was denied. Did she apply after the 3-yr-old got a visa? And, BTW, I don't think you should infer that the reason for asking why she wasn't going implied that she would have been approved -- it was just as likely that the visa officer wanted to be sure there wasn't an issue of child smuggling or something. The issuance of the visa could have actually been helped by the mother not going might have been seen as a very strong reason why the grandmother would ensure that the child returned home to her mother. The child's ties in this case were grandmother's and the fact that mother was not travelling.

If the mother was turned down as an intending immigrant (i.e., under 214b, not showing strong ties) for a visitor visa, that same section of the law applies to student visas as well. Unlikely to change from a recent denial.

Yes, she applied after the 3 year old got a visa. Thanks again for the input.

[RhettVoe 282]

hard to believe that a three year old child is champing at the bit to attend a birthday party for a one year old....I certainly don't remember having an overwhelming desire to travel thousands of miles in order to have attended a birthday party for a one year old relative....and the follow up about some school providing an I-20 also sounds a bit strange....why does attending a school matter compared to a birthday party for an infant? These stories lack consistency....and consistency is one of he crucial elements of a successful visa interview...changing one's reasons for travel when denied once (or more) previously will begin to look instead like desperation....

[merc0230 28]

hard to believe that a three year old child is champing at the bit to attend a birthday party for a one year old....I certainly don't remember having an overwhelming desire to travel thousands of miles in order to have attended a birthday party for a one year old relative....and the follow up about some school providing an I-20 also sounds a bit strange....why does attending a school matter compared to a birthday party for an infant? These stories lack consistency....and consistency is one of he crucial elements of a successful visa interview...changing one's reasons for travel when denied once (or more) previously will begin to look instead like desperation....

As a child you don't remember wanting to go to birthday parties? Well, I do and my niece wants to go. No she has no "overwhelming desire to travel thousands of miles"...that she has no comprehension of. Her cousin's birthday party, that she understands.

The school and the party are separate ... there appears to be no consistency because they are separate issues.

[Boiler 45,532]

I may be reading it wrong but the way you posted suggests that she is willing to sign up for a full time language course so she can go to a child's birthday party.

So she would need a F1 for herself and a F2 for her daughter.

Unfortunately there has been a lot of abuse connected with language schools, if it have been a more normal degree as part of obvious educational development then I am sure it would make more sense.

Having said that I have seen stranger things approved so no harm in her giving it a go.

[Ryan H 3,812]

***Posts unnecessarily badgering in nature removed along with post quoting. Portion of post in reply to other member returned below. Thread bans will follow for any more posts that are badgering and/or non constructive.***

Actually, we were faced with deciding between a tourist and a student and thought the tourist would be easier (quicker and less $), in hindsight we should have just stuck to the student. Thanks

[namdev 0]

It's much harder to approve, contact nearest AILA attorney and submit proper documents to increase a chance to approve from US consulate.

[jan22 3,056]

It's much harder to approve, contact nearest AILA attorney and submit proper documents to increase a chance to approve from US consulate.

An immigration lawyer when applying for a short-term student visa is a useless waste of money -- there are no "documents" that a lawyer can prepare that will make this a better case. They need to have the I2-, proof they can pay the cost of the school, and show all the ties that guarantee they will leave the US....nothing a lawyer can provide them.

[merc0230 28]

An immigration lawyer when applying for a short-term student visa is a useless waste of money -- there are no "documents" that a lawyer can prepare that will make this a better case. They need to have the I2-, proof they can pay the cost of the school, and show all the ties that guarantee they will leave the US....nothing a lawyer can provide them.

Agreed! and if you look at namdev's signature you'll see links to immigration lawyers, my guess is he is trying to drum up business.

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