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

[jlea9378 2]

Rhettvoe, you are way off topic. Take your opinions and beliefs elsewhere please.

Yah I think she was disqualified before the interview, which is why they didn't need to ask her any questions... I read somewhere that having an immigrant sibling in the country is grounds for disqualification since it will look like she's trying to join the sibling permanently.

But anyways, the point of my post was to ask if anyone has any suggestions for improving her application (specifically how to show ties to her country), not to debate whether or not she was asked questions or if the CO was mean or not. It's clear the CO was just doing their job and that her application was insufficient.

I'm looking for HELPFUL feedback. Thanks. =)

[Boiler 45,516]

I have seen many F1's for people with family in the US. So not a deal breaker.

If it looks like the educational aspects are secondary, then that would be a significant issue.

[RhettVoe 282]

As I have said (repeatedly), there are NO magic answers. You were the one who claimed no questions were asked (and have not been able to provide a coherent, logical reason or rationale why a CO would even contemplate this). Applications are often reviewed before the interview begins, but the decision is not taken until after the applicant has been interviewed.

If having a sibling in the US was a legal bar to being granted a visa, (which it's not), that fact would be posted on an embassy's website....I've never seen this posted on any embassy website nor is it a part of any current immigration law or policy. This particular 'rumor' is one that is perpetuated worldwide, mostly by unsuccessful visa applicants.

Section 214b states, however, "every applicant seeking a non immigrant visa subject to this law is presumed to be an intending immigrant until such time as they are able to convince a consular officer that they will depart the US after a visit (or period of study) of appropriate duration."

In other words, every applicant asking for (in this case) a student visa (or a tourist visa, and some other categories of non immigrant visas) is presumed by law to be going to the US to remain permanently. Thus, the conversation (the interview) does not begin in a neutral position - applicants (for certain types of visas) are, in essence, presumed guilty, if you will, of something they have yet to do.

But there are no legal grounds for disqualification based on having close family members residing in the US. None. Zero.

You may think that this aspect of the situation is 'unfair' but it has been this way since 1952. COs are tasked with determining the applicant's bona fides and their credibility, and to judge whether or not they (the applicants) will abide by the terms of the visa class they are seeking.

A CO cannot carry out this responsibility and duty via pantomime.

Sorry she was refused, but there are no quick fixes or routes to a successful interview the next time.

[Ontarkie 14,224]

~~locked for review~~

[Ryan H 3,812]

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