Cancelled B2 Visa reinstatement

[cnqg 0]

My B2 visa was cancelled after my Change of Status to F1 was denied. Is there a way to reinstate it or should I apply for a new one?

 

I went to the US on Feb 28 to travel but got interested in studying while I was there so when I got accepted in a school in May, I applied for a B2 extension and a change of status from B2 to F1 in June.

I declared in my B2 extension request my travel plans as well as my intent to study, and it was approved in August. The results for the COS, on the other hand, was not released until October. Since school was supposed to start in August, I requested the school to differ my enrollment to January. The school said that they would take care of it. However, when I got the results in October, it was denied because my SEVIS record stated that I was "active". When I raised the concern with the school, they admitted that they made an administrative error and was not able to updated my status to "pending". 

 

I was given the option to either file for a motion or go home to my country to apply for my f1 instead. I chose the latter as it was recommended by my lawyer since she said that it would show my clean intentions. The school provided me with letters also certifying that I did not study while my COS is pending.

 

When I went back and applied for my F1 in my home country, my F1 visa was denied and my B2 was cancelled under 214B because the consul assumed that I studied prior to the COS and violated my B2. I tried telling the whole story but it was also brushed off in the embassy. It was very devastating. Though I want to fight for my B2 visa to be reinstated, I'm scared that it would be denied for the same reason. 

 

Could anyone give me an advice on how I should approach this situation? Is it advisable for me to try applying again while the issue is still hot or not?

 

Would appreciate any response. Thank you!

[TNJ17 1,329]

I think you need to apply for F1 again. Because you need to prove your intent now is to go to school. If you apply for B2, they’re gonna take it as you just want a visa to get in the country. Even if you do get a B2, you might get turned at POE. 

 

If your our intentions are still to go to school, you should be able to prove that in great detail and I would definitely use a lawyer if I were you. 

[cnqg 0]

2 minutes ago, TNJ17 said:

I think you need to apply for F1 again. Because you need to prove your intent now is to go to school. If you apply for B2, they’re gonna take it as you just want a visa to get in the country. Even if you do get a B2, you might get turned at POE. 

 

If your our intentions are still to go to school, you should be able to prove that in great detail and I would definitely use a lawyer if I were you. 

I actually decided not to pursue my master’s there anymore because of what happened. The carelessness of the school resulted to consequences that I would have to bear on my own and it is quite traumatizing. I’m planning to just continue my master’s in Canada instead but I still want to be able to visit the US again.

 

My B2 was initially a 10-year visa and I still have 3 years left.In the 7 year period, I’ve visited the mainland 4 times and Guam 5 times

[gregcrs2 1,778]

8 minutes ago, cnqg said:

I actually decided not to pursue my master’s there anymore because of what happened. The carelessness of the school resulted to consequences that I would have to bear on my own and it is quite traumatizing. I’m planning to just continue my master’s in Canada instead but I still want to be able to visit the US again.

 

My B2 was initially a 10-year visa and I still have 3 years left.In the 7 year period, I’ve visited the mainland 4 times and Guam 5 times

If your B2 was cancelled as you stated, you have "zero" time left on it.

[cnqg 0]

1 minute ago, gregcrs2 said:

If your B2 was cancelled as you stated, you have "zero" time left on it.

Yeah. Sorry what I meant was before it was cancelled. So if I have that reinstated, the 3 years would be out of the picture and there would be a new validity if ever.right?

[gregcrs2 1,778]

It's extremely doubtful you will ever get your cancelled B@ visa reinstated.  You can always apply for a new B2.  You don't have anything to lose by trying but it does not look promising.  

[TNJ17 1,329]

Once canceled, that’s it. It’s canceled. It’s not something you can get reinstated. You’d have to apply for a new one. You’re gonna have to show a lot of ties to your home country now that you’ve had something denied once in order to get a new one. 

[Nipu 0]

I think u should not try right now.Bcoz once its denied its very hard to take a visa from the consulate.You should just wait for a while and apply again may b for the next semester.

[WeGuyGal 1,052]

Visa from a consulate is how it should be

[Boiler 45,939]

No such thing as a reinstatement, you can apply for a new visa as often as you like, all you need to do is pay the fee.