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adam193

Am I wasting my time trying to apply for an F1?

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I am a UK citizen, back in 2015 I was going through depression because I had not finished school and I was working low paying jobs in the UK whilst still living with my parents. They are both lawyers here so they have the money to support me but I just felt like a failure compared to them my siblings. They sent me to the US the stay with my cousin for a while and I really enjoyed it, I went back and forth on a visa waiver program about 3 times (not consecutively) however the 3rd time I ran into a problem. While I was in the US I got into a huge argument with my father because I was overspending on stupid things and he cut me off. I still had a month left before my flight back to the UK and I didn't have any money for food or to change the date on my ticket so I worked for about two weeks doing jobs off of craigslist until I made amends with my father and he sent me money for the remainder of the time I was there. The next time I tried to come into the US using the visa waiver program I stopped me at the border and asked to check my phone where they found texts between me and people from craigslist and denied me entry. I was than removed under 212(a) (7) (a) (i) (I), told I can't use the visa waiver program again, and was flagged with immigration intent. Now I'm trying to apply for an F1 visa but I'm not sure how my chances are. I didn't receive a ban but I know it's going to be a lot more difficult to get a visa after all this.

 

These are some things I think I have in my favor, I have been accepted into a US college (an actual university, not a community college or for profit college), it's been almost 3 years since this has happened, I have citizenship in the UK, I have a job opportunity lined up for after I've completed my degree, I have proof of funds, I have also been applied to colleges in other countries, I have no criminal record.

 

The things I have against me are the fact that I worked illegally on my previous visit, I am still living with my parents here in the UK, I'm not married or have kids, and that I admitted to the immigration officer that I had depression and I was unhappy living in the UK (although this was because of the fact that I didn't finish school it will be perceived the wrong way because of how I said it in the interview, I was shocked the whole time and I didn't even want to try and get into the US at that point, I just wanted to get out of there as quick as possible and go home). Also a lot of my dads money is in his business account which is a joint account with his partner in his law firm, so he will have to transfer it into to his personal account which will be the bank statement I will be taking with me the the visa interview. I can still provide proof of his businesses though.

 

Do I have enough to be successful in my interview or are they likely going to think I'm planning on overstaying to become an illegal immigrant? My dad also set up an appointment with a US immigration attorney but it's in a week and I'm feeling very anxious. 

Edited by adam193
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Only way to know is to apply and find out. It sounds like you understand the pros & cons of your case. Whether it will be enough or not is a judgement call by the CO.

The past refusal due to immigrant intent + prior violation of status is a heavy hurdle, though...it's not something the US takes lightly.

There's nothing at all an attorney can do here. The CO will make a decision based upon the facts of the case.

 

Good luck.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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2 minutes ago, geowrian said:

Only way to know is to apply and find out. It sounds like you understand the pros & cons of your case. Whether it will be enough or not is a judgement call by the CO.

The past refusal due to immigrant intent + prior violation of status is a heavy hurdle, though...it's not something the US takes lightly.

There's nothing at all an attorney can do here. The CO will make a decision based upon the facts of the case.

 

Good luck.

Thanks, I'm only seeing the attorney for advice on how I can increase my chances during the interview, my dad told me to let him read the i-831 letter I was given so he can give me advice on how to overcome some of the questions I might be asked at the interview.

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Working illegally is something of quite some sensitivity in F1 applications, so I’d expect prior instances of doing that to be an issue, even aside from the immigrant intent factor.

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Filed: K-1 Visa Country: Wales
Timeline

Seems along shot but no harm trying, nothing you can do about what has happened, too late now.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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