Denied F1 visa due to 214(b); Need help!

[jlea9378 2]

Hi, this message is in regards to my sister-in-law, Sidra, a student who was offered admission to Portland Community College for fall term. I am her brother-in-law and am sponsoring her. A couple weeks ago, Sidra mailed the required documentation, per the Islamabad Embassy's website, to the Embassy, along with payment of the fee. Specifically, they sent:

• SEVIS fee receipt
• I-20
• DS-160 confirmation page
• Photo
• Copy of passport photo page (I think)

The instructions online said to bring her transcripts, test scores, and financial support documentation with her to the interview. Yesterday she went to the Embassy for her visa interview. While there, they immediately rejected her and sent her away. They didn't look at her additional documentation, nor did they ask her any questions (there was no real "interview")! So their rejection decision was based entirely on the original packet of information that she sent them, and they didn't give her any opportunity to explain her situation or why she wants to study abroad. They didn't even tell her why she was rejected.

Afterward, we sent an inquiry to the Embassy and they stated that the reason for rejection was due to section 214(b) of the INA. They said that she failed to prove that she was a non-immigrant. However, they never gave her any opportunity to prove that she is a non-immigrant -- they never looked at her additional documentation nor did they ask her any questions.

We would like to try again for winter term, but we need some help on how to present a better visa application. What can she do to successfully receive her visa? Can you help at all?
Sincerely,

-Jacob Lear.

[RhettVoe 282]

sorry, but these stories of 'interviews' that contained no questions are nothing but fantasy...she was asked several questions...she just told you she was not asked anything so as to point some sort of blame at those 'mean nasty COs'....if they don't believe she will return to Islamabad after completing her studies, they will (by law) deny her application....period...there is NOTHING you can do to change their minds...nothing you can say, write or promise will have any positive effect on her next application...the same rules will apply, the same standards applied.

It's amazing that anyone with even an ounce of common sense would believe that somebody was interviewed by asking the applicant nothing but telling them to go away....utter nonsense.

[jlea9378 2]

Wow what a rude and completely unhelpful response. How do you know she was asked questions? Were you there? Do you work for the Islamabad Embassy?

I believe my sister-in-law, especially in light of how things are ran in Pakistan.

My guess is that there was something in her initial information (DS-160) that disqualified her, such as the fact that she has a sibling living here in the USA, who she will be living with while going to school.

[TBoneTX 45,310]

1. sorry, but these stories of 'interviews' that contained no questions are nothing but fantasy...she was asked several questions... [...]

2. It's amazing that anyone with even an ounce of common sense would believe that somebody was interviewed by asking the applicant nothing but telling them to go away....utter nonsense.

1. The OP is right: If you weren't there, you don't know what happened, period.

2. Sorry, but this happens frequently, in many countries. I know of probably a dozen such examples in Ecuador alone, for all visa types.

[Moderator hat on]

Please tone down the accusatory language toward members who are seeking constructive input. Post constructively or don't post.

[RhettVoe 282]

Interviews without a single question asked exist only in Fantasyland...one key component of a student visa interview is testing the applicant's English speaking/understanding abilities....something that is difficult, if not impossible to do without asking a single question of the applicant. Sorry, but a 'no questions asked' interview does not happen. While it is true I was not there, neither was the OP. Why would COs be trained in interviewing techniques only to ask nothing during an interview? Please explain the answer to these points with a rationale behind such an approach....love to hear it.

I am guessing that even the mod was NOT present during those alleged dozen or so 'question-less' interviews in Ecuador, instead relying on some visa applicant's opinion (and we all know that visa applicants never lie nor distort the truth!)...and you could not be a first hand witness to said interviews because American citizens are NOT allowed in the waiting area nor at the interviewing window where tourist and student visa applicants are being interviewed.

It's amazing what people will say and believe...in spite of the illogical nature of those beliefs...

New COs spend nearly a week in training on interviewing techniques....there is no class entitled "How to Interview Visa Applicants without Asking A Single Question"....

[Boiler 45,529]

They were probably wondering why you would want to go half way around the world to go to a Community College.

I also have never heard of any interview with no questions.

To answer the OP's question, focus in on the course she wishes to study and the highest ranked US Universities, irrespective of location, and go from there.

[RhettVoe 282]

Let's take a look at the myth of the question-less interview from the CO's perspective:

first, what does a CO have to gain by conducting such an interview? Answer: nothing.

COs aren't given bonuses for visa denials, nor extra credit for not asking questions.

At the conclusion of an interview, the CO has to enter some notes into their unique data base, describing in brief detail why the visa was issued or why the applicant failed to qualify (most often, why they did not overcome 214b)...now, if a CO asked no questions of the applicant, then what lies is the CO supposed to have written into a data base, whose records remain there permanently for years to come? Why would a CO violate their ethics, ignore their training, and jeopardize their careers by telling an applicant the moment they stepped up to the interview window that their application was denied and send them away? Why?

In addition, much of time that interviews are being conducted, other employees of the embassy, citizens of the host country, are routinely passing back and forth behind the windows...if they saw a CO behave in such a way, they would very likely express their concerns to their supervisor....thus, once again, possibly jeopardizing the career of said CO...there is nothing for a CO to gain by not asking questions of a visa applicant.

Now, what might the applicant gain? Mostly sympathy....after being denied, and having to report this to their relatives or friends, often feel like it's their fault, and rather than admit or consider this fact, instead they try to cast themselves as some hapless victim, who was treated unfairly (i.e., their application was not approved) by some mean, nasty CO who never even gave them a chance to demonstrate or establish their bona fides, the(hopefully) sparking outrage by their relatives or friends, and immediately moving any responsibility for their own failure to qualify for some visa to the CO and away from themselves.....

So, all of you who claim to 'know' that such events, the question-less interview, has taken place...please post your video on YouTube...in real life, this does not happen for the simple reason that a CO will not benefit one iota for doing such a thing.

If instead, some of you believe that there are COs who would not only ask no questions of a visa applicant, but then enter outright lies and fabrications into a near permanent record, well, I'm not sure what that says about you.

[jlea9378 2]

No they don't get bonus points, but they do get through to the next person a LOT faster.

[RhettVoe 282]

and you think that is the reason they ask no questions? If true, they should be able to empty the waiting room in 20 minutes....perhaps even faster if just one CO went into the waiting area with a bullhorn and announced.."you are all refused...please leave!"....do you really think that is what is taking place?

Still haven't heard a rational, logical, believable reason as to why a CO would do such a thing....

Why would the Foreign Service spend thousands on teaching new COs complicated languages just so they could tell applicants to go away...

or is that the only phrase you think they are taught?

It's amazing what some people will believe....no matter now irrational or illogical.....tell you what....why don't you write a letter to the embassy and directly accuse the CO who allegedly carried out this question-less interview in writing? Show them how 'tough' you are. See what happens.

The CO was not convinced, based on the answers she gave at her interview, that she would return to her country after completing her studies...that's what happened. Since that denial has apparently disrupted whatever other plans that may be in the works might explain the reaction.

[jlea9378 2]

I'm looking for constructive feedback in this post. Not accusations and insults. Please listen to the moderator and stop posting.

[MacUK 983]

I'm looking for constructive feedback in this post. Not accusations and insults. Please listen to the moderator and stop posting.

It is constructive.

Just sitting back and blaming the rejection on the CO doesn't do anything to address the problem.

I've been rejected for failing to overcome 214(b). I was at that interview window for about 30-40 minutes being asked lots of questions.

I was rejected because I didn't have enough proof. It wasn't the COs fault, it was mine. Because I accept that then I can do whatever I can to address the reasons why the CO presumed I would overstay and hopefully next time I might get approved.

If you just tell yourself that the whole problem was with the CO then you'll do nothing to change the circumstances and the same thing will happen if you try again.

Rhettvoe may not be oozing with tact and diplomacy in his posts but the points in them should be taken on board.

[RhettVoe 282]

Our COs are being castigated without foundation nor justification....

as for advice, simple: there is nothing a third party can do to improve the chances someone will be granted a student or tourist visa....nothing, nada, zilch....there are no guarantees anyone can make, no specific 'notarized' document that will overcome 214b....bottom line...there are no magic solutions...if one existed, virtually every applicant would have it. Things that are often tried and will fail:

* job offers in the future - meaningless, as there is no penalty for the person who fails to take said job or a company that forgets to keep the 'job' available

* letters from anyone claiming that they know the character and honesty of the applicant...again, not enforceable in any way

* pointing back to elderly parents who need care, but will somehow remain healthy while the applicant is away in the US studying

* letters of 'admission' from some university back in the home country - again, not enforceable and there is no penalty for failing to take up said offer....

* letters from some congressman attesting to the intentions of a person they don't even know...

* offers to post some monetary bond...not even allowed.

It all comes down to what the CO believes...based on the questions posed to the applicant. Only the applicant can convince the CO of their intentions...no one else can.

Now, you may not like to hear my 'advice' but, it is direct, and the truth. No one using this site (nor any other) has ever come up with the 'magic' solution...they just suggest many of the above in some form or another.

If you read the embassy websites, this question is constantly asked...and the answers will be the same....the applicant must qualify based only on their own merits.

[Boiler 45,529]

I was also refused a B2, mine was very quick.

I was asked some questions but a long time ago and I do not remember what they were. Nothing of consequence.

I was able to use the VWP afterwards, ended up with a couple of questions in Secondary,also nothing of consequence.

My view is that the majority of those declined could have been told not to bother going to the Consulate as they were clearly unapprovable from their application.

[Karmalicious 60]

Let's take a look at the myth of the question-less interview from the CO's perspective:

first, what does a CO have to gain by conducting such an interview? Answer: nothing.

COs aren't given bonuses for visa denials, nor extra credit for not asking questions.

At the conclusion of an interview, the CO has to enter some notes into their unique data base, describing in brief detail why the visa was issued or why the applicant failed to qualify (most often, why they did not overcome 214b)...now, if a CO asked no questions of the applicant, then what lies is the CO supposed to have written into a data base, whose records remain there permanently for years to come? Why would a CO violate their ethics, ignore their training, and jeopardize their careers by telling an applicant the moment they stepped up to the interview window that their application was denied and send them away? Why?

In addition, much of time that interviews are being conducted, other employees of the embassy, citizens of the host country, are routinely passing back and forth behind the windows...if they saw a CO behave in such a way, they would very likely express their concerns to their supervisor....thus, once again, possibly jeopardizing the career of said CO...there is nothing for a CO to gain by not asking questions of a visa applicant.

Now, what might the applicant gain? Mostly sympathy....after being denied, and having to report this to their relatives or friends, often feel like it's their fault, and rather than admit or consider this fact, instead they try to cast themselves as some hapless victim, who was treated unfairly (i.e., their application was not approved) by some mean, nasty CO who never even gave them a chance to demonstrate or establish their bona fides, the(hopefully) sparking outrage by their relatives or friends, and immediately moving any responsibility for their own failure to qualify for some visa to the CO and away from themselves.....

So, all of you who claim to 'know' that such events, the question-less interview, has taken place...please post your video on YouTube...in real life, this does not happen for the simple reason that a CO will not benefit one iota for doing such a thing.

If instead, some of you believe that there are COs who would not only ask no questions of a visa applicant, but then enter outright lies and fabrications into a near permanent record, well, I'm not sure what that says about you.

What if she was disqualified BEFORE the interview? She's from Islamabad and she has family in the US and, like someone said earlier, wants to attend a Community College. No risky stuff there.

[RhettVoe 282]

How could she be rendered 'disqualified' based on a DS 160 and a handful of other documents? While she might well be in a high risk demographic (young single female), that fact alone would not generate an instant refusal the moment she stepped up to the window....questions would have been asked of her...COs just don't inform an applicant that their application is denied the moment they appear at the window without asking some questions....for numerous reasons...not the least of which is the CO's own ethics, and training and motivation to carry out their duties to the best of their abilities....and then being able to justify their decision when reviewed by their supervisor...to assume that there are hordes of COs out there denying applicants in 3 seconds, then making up stories to put into their database is just plain ludicrous. And no one has ever seen this happen...each and every time we hear this tiresome story, it is always based on hearsay feedback from the unhappy and unsuccessful visa applicant.