Denial in first F1 Interview

[Mixel96 12]

Hello,

 

disclaimer: this is going to be quite long..

 

I am in quite a situation right now and feel desperate to be honest. I’ve been to the U.S. last Fall for a semester abroad (J-1 Visa). I also met my current girlfriend there. In March I wanted to travel to the U.S. to visit her with my approved ESTA. In Chicago I got denied entry by a homeland security officer. He took answers from me out of context and created a case against me, that I would illegally purse to work here to support my trip financially. It was a huge misunderstanding but I couldn’t do anything against it. I offered to provide proof of financials with a bank statement but he didn’t want to see it. In the end I needed to sign a sworn statement. I should have never signed it, I was repeating several times that he took my words out of context and was asking for reviewing the video material. He definitely pressured me but I don’t want to accuse anyone here besides myself for answering his questions without thinking twice. However, he assured me that this denial of entry does not affect further visa applications at all. He even told me to  apply for studying in the U.S. and come on a student Visa. 
 

As I got accepted by the university where I already spent my semester abroad, a dream came true. I always wanted to pursue a full time study program internationally.

 

Today I had my interview and I was prepared for every potential question and had a good feeling about it. 
It turned out that interview at the embassy took  literally 3 minutes. The officer looked at his screen after checking my documents and asked: „can you tell me what happened to you in Chicago?“. I told him that there had been a misunderstanding on my side of the questions as I was referring to the general future instead of the intended stay as a tourist with my answers. I added that I never considered to work without having the appropriate visa for it and I already spent time in the U.S. on a J1 meeting all of the regulations. He then proceeded to say, „thank you for trying to apply for a VISA, but the incident just happened a short time ago, so I can’t provide you a visa today. You may go“. 
 

I was in shock and just walked out. Second worst day of my life after being denied entry. As my program starts in August, should I try it again? Can someone help me out or give me some advice on what to do?

 

i am sorry for the long post but I just needed to get it out. I am looking forward to every potential answer. 

 

Thank you,

 

Michael 

[Crazy Cat 41,985]

2 hours ago, Michael98 said:

As my program starts in August, should I try it again?

My opinion, Nope.  Every failed attempt adds to your negative record.  Every person entering the US as a non-immigrant is assumed to have immigrant intent.  You possibly verified that assumption by signing a sworn statement.  I would seek education opportunities elsewhere.  Good luck.  

I don't see you getting back inside the US for quite a while (years) without a valid immigrant visa. 

Edited May 20, 2022 by Crazy Cat

[Boiler 45,756]

You can of course re apply, I would expect the same response

 

 

 

 

[Mixel96 12]

@Crazy Cat

thank you for your response. So you don’t think I could proove somehow, that I won’t work while being on a F1? Providing sufficient financial resources isn’t enough? The sad part is, it is not even my intention at all. I just want to get my degree there. 
and yeah I should not have signed the sworn statement because I  definitely felt pressured. But the officer assured me, that it won’t affect any future visa applications. Apparently, it does.

[Crazy Cat 41,985]

3 minutes ago, Michael98 said:

@Crazy Cat

thank you for your response. So you don’t think I could proove somehow, that I won’t work while being on a F1? Providing sufficient financial resources isn’t enough? The sad part is, it is not even my intention at all. I just want to get my degree there. 
and yeah I should not have signed the sworn statement because I  definitely felt pressured. But the officer assured me, that it won’t affect any future visa applications. Apparently, it does.

You can apply, but I think your chances are extremely slim.  Exactly what did the signed statement say?

[Boiler 45,756]

Presumably your signed statement said you worked

[SusieQQQ 11,587]

2 hours ago, Michael98 said:

I told him that there had been a misunderstanding on my side of the questions as I was referring to the general future instead of the intended stay as a tourist with my answers

This is the part that caught my attention. It seems you did express immigrant intent, even if not in a form that you thought would affect this particular visa. I assume you are also still in a relationship with the girlfriend in the US you mentioned. Unless you can show strong compelling evidence of why you will return home again after your studies are completed - just proving you can finance them in the interim is not enough (it’s a necessary condition but not enough by itself - I think another application is unlikely to be successful. 

[Mixel96 12]

Is there any way to fight the statement? With an appropriate lawyer or the traveler redress inquiry program ?

 

the statement says: 

Q: during the initial interview you stated that you are planning to look for internships and maybe looking into a Masters programs in the US, is this correct ?

A: Yes 

—> I was clearly referring to the past in terms of the internship, and the future with the masters program

 

Q: you told the officer that you will have a side job if the opportunity came along, is this correct? 
A: Yes.

—> in the initial interview the topic in our conversation was about my future with my Girlfriend and I even added that I know that I would need the appropriate visa for that 

[carmel34 3,646]

A girlfriend in the US is a strong tie to the US.  This will be very difficult to overcome for any non-immigrant (tourist, student, etc.) visa.  I suggest that you postpone your plans to pursue a degree program in the US until you decide whether or not to pursue the relationship with your girlfriend and come to the US either as a fiancé or spouse with the proper visa, which will take 1-2 years.  Good luck!

[Mixel96 12]

@SusieQQQ

yes and I understand by now that that was the reason I was denied entry at that time. But isn’t it just common sense to talk about the possible future, its not equal to an intention for me.

 

my evidence would be that me and my girlfriend agreed to move to Germany after I complete my masters degree. Further I have a strong social life with engagements  in a soccer club. All of my family is also here and we are very close. My mom and dad are not in a good shape health wise, so I want to support them again as soon as possible. Also I want to use my degree to apply at Mercedes-Benz where I had an internship and they are located here. It’s my dream position and going for an international master is benefiting me for that.

[Rocio0010 5,580]

1 minute ago, Michael98 said:

you told the officer that you will have a side job if the opportunity came along, is this correct? 
A: Yes.

—> in the initial interview the topic in our conversation was about my future with my Girlfriend and I even added that I know that I would need the appropriate visa for that 

Yep. This is what caused the denial. First, the officer interpreted you'd be violating the terms of your ESTA by working. That constitutes a visa violation. You said you were talking about the general future, but the officer interpreted it differently.

Second, by referring to the general future you expressed immigrant intent. A J1 is a non- immigrant visa.

This should not affect a future spousal visa application. But the F1, another J1 or even a B1/ B2 is out of the equation

[Crazy Cat 41,985]

1 minute ago, Michael98 said:

It’s my dream position and going for an international master is benefiting me for that.

"International" includes more than just the US....I would consider other countries, to be honest.

Edited May 20, 2022 by Crazy Cat

[Rocio0010 5,580]

1 minute ago, Michael98 said:

not equal to an intention for me.

Doesn't matter what your interpretation is. You gotta go by their rules, not yours.

3 minutes ago, Michael98 said:

my evidence would be that me and my girlfriend agreed to move to Germany after I complete my masters degree

That's not the type of evidence that they are looking for. That's a future desire that you have no tangible evidence of. When I applied for my F1, I submitted a job verification letter, a title to my property, bills on my name, etc etc.

 

4 minutes ago, Michael98 said:

Further I have a strong social life with engagements  in a soccer club. All of my family is also here and we are very close. My mom and dad are not in a good shape health wise, so I want to support them again as soon as possible. Also I want to use my degree to apply at Mercedes-Benz where I had an internship and they are located here.

Again, that is not strong, convincing evidence. 

[Boiler 45,756]

I thought education in Germany is free.

[Mixel96 12]

It is free. But I really enjoyed my semester abroad in the USA. I got admitted now by the same university I did at. There’s no issue for me with the high tuition because there is lots of value for me in terms of personal growth that goes beyond the education. 
 

@Rocio0010: I could provide insurance on my name, bills and the fact that I just prefer Germany to be the country I want to live in on the long term. There are many factors that play into that.

 

it’s just important for me to figure out if I should give it another attempt.