Denial in first F1 Interview

[SusieQQQ 11,587]

 

50 minutes ago, Michael98 said:

That’s what they told me at CBP😅

well i guess it’s your prerogative to ask, but if your idea of fun is being detained by CBP (no way they will parole you in as a non immigrant imo) until you can see an immigration judge, sure. I believe the current backlog in cases to see an IJ is 58 months. 

[Crazy Cat 41,985]

30 minutes ago, SusieQQQ said:

i thought the grace period was only till you leave, not to allow you to leave and return,

I believe that is absolutely correct.  

[Crazy Cat 41,985]

https://internationalcenter.ufl.edu/j-1-studentscholar/partner-school-exchange-students/maintaining-j-1-status#:~:text=The grace period is not,of the 30 day period.

 

"The grace period is not considered part of the program time, so J-1 Visa Holders are not permitted to work or take classes during this time. If J-1 Visa Holders exit the US during the Grace Period, they are not able to re-enter the US using their J-1 Visa Status to use the remaining duration of the 30 day period."

Edited May 24, 2022 by Crazy Cat

[Ontarkie 14,324]

For someone who said multiple time your goal was not to live in the US but to live in Germany when done school. You sure are coming up with a lot of ways to contradict that statement. 

[Mixel96 12]

3 hours ago, SusieQQQ said:

I’d wondered about that too, i thought the grace period was only till you leave, not to allow you to leave and return, wonder if that was part of the reason for the denial on ESTA.

I left when my program was still active and re-entered when it was still active. Otherwise they wouldn’t have let me in 

[Mixel96 12]

2 hours ago, Crazy Cat said:

https://internationalcenter.ufl.edu/j-1-studentscholar/partner-school-exchange-students/maintaining-j-1-status#:~:text=The grace period is not,of the 30 day period.

 

"The grace period is not considered part of the program time, so J-1 Visa Holders are not permitted to work or take classes during this time. If J-1 Visa Holders exit the US during the Grace Period, they are not able to re-enter the US using their J-1 Visa Status to use the remaining duration of the 30 day period."

As i said more than once now, I left and then re-entered before the grace period started

[Crazy Cat 41,985]

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Edited May 24, 2022 by Crazy Cat

[Mixel96 12]

1 hour ago, Ontarkie said:

For someone who said multiple time your goal was not to live in the US but to live in Germany when done school. You sure are coming up with a lot of ways to contradict that statement. 

Why do you think that ? My intention with the ESTA stay was tourist. I never had a different Intention. I just messed up and misunderstood the questions and wasn’t aware that you’re not allowed to mention anything regarding internship , work, studies regarding to the future. I know that now. 
my goal is to get my degree in the U.S. I want to stand out from other business Administration  majors and add to my previous international experience and internships. I choose the US because I like the university and don’t want to go wrong by choosing one I dont know yet. I know the official people their, I like the concept of the mba program. For the long term though it is Germany for me, no doubt on that 
 

 

[Mixel96 12]

3 minutes ago, Crazy Cat said:

.

Yes I know how the grace period works, at least I knew that back then 😅 

 

 

 

 

 

 

[jan22 3,056]

21 hours ago, Michael98 said:

Yeah I already thought about that. But with a visa an officer at the border can not just deny you, it has to go through a judge. 
 

also I left during my J1 and re-entered when it was still active. My program didnt end on paper yet. Spent the grace period and left by end of January. Then I applied for esta and travelled at 30th of march again. 

From one of your previous posts: "I even reentered the US after going to Germany for Christmas and just came back for the Grace Period (emphasis added) in order to be with my girlfriend".   If the grace period -- which is 30 days -- resulted in your departure by the end of January, your program end date on the DS-2019 must have been the end of December.  So, while your program hadn't ended "on paper", it seens from this statement that your program activities had essentially ended -- all the more likely since I'm sure the university you were attending was still on holiday break when you returned and, therefore, you had no classes, etc.  As you said, the primary reason for entering the US was to stay with your girlfriend and not continue your J-1 program activities.  The visa (or ESTA) used to enter the US must match the primary purpose for travel -- and, for this visit, it appears it was to visit (B2) and to not participate in an exchange program (J-1).

 

You seem to have been given a lot of misinformation, or misunderstood the information you received, about visas and entry to the US. Of course a CBP officer has authority to deny entry to people with visas without requiring judicial action -- they do it every single day at land, sea, and airports. The only requirement for seeing an immigration judge before a denial of entry that i can quickly think of is for an asylum claim or an entry by an LPR.  

Edited May 25, 2022 by jan22

[Mixel96 12]

2 hours ago, jan22 said:

From one of your previous posts: "I even reentered the US after going to Germany for Christmas and just came back for the Grace Period (emphasis added) in order to be with my girlfriend".   If the grace period -- which is 30 days -- resulted in your departure by the end of January, your program end date on the DS-2019 must have been the end of December.  So, while your program hadn't ended "on paper", it seens from this statement that your program activities had essentially ended -- all the more likely since I'm sure the university you were attending was still on holiday break when you returned and, therefore, you had no classes, etc.  As you said, the primary reason for entering the US was to stay with your girlfriend and not continue your J-1 program activities.  The visa (or ESTA) used to enter the US must match the primary purpose for travel -- and, for this visit, it appears it was to visit (B2) and to not participate in an exchange program (J-1).

 

You seem to have been given a lot of misinformation, or misunderstood the information you received, about visas and entry to the US. Of course a CBP officer has authority to deny entry to people with visas without requiring judicial action -- they do it every single day at land, sea, and airports. The only requirement for seeing an immigration judge before a denial of entry that i can quickly think of is for an asylum claim or an entry by an LPR.  

I still re-entered while my j1 was active and I also had to go back to campus to clear out the apartment with my roommates and get my transcript of records. Then as grace period started I went to my girlfriends place. Why should something be wrong with that when the CBP officer approved my entry after I explained the purpose to him?

 

I did stuff wrong and have no problem with admitting it. However its starting to sound like every single action I took is regarded as wrong here. 
 

I am very thankful for all the advice and information you guys provided me here and really appreciate it. But it is not necessary to question every decision I make or what career i want to pursue. I wanted to get information on my potential second f1 attempt and received some helpful ways to approach it. There is always a solution even if this one is difficult for sure. The school officials from my university in U.S. are in communications with government officials as of now and they will try to help me out. If it works or not, who knows. 
 

 

[Redro 4,611]

3 minutes ago, Michael98 said:

I still re-entered while my j1 was active and I also had to go back to campus to clear out the apartment with my roommates and get my transcript of records. Then as grace period started I went to my girlfriends place. Why should something be wrong with that when the CBP officer approved my entry after I explained the purpose to him?

 

I did stuff wrong and have no problem with admitting it. However its starting to sound like every single action I took is regarded as wrong here. 
 

I am very thankful for all the advice and information you guys provided me here and really appreciate it. But it is not necessary to question every decision I make or what career i want to pursue. I wanted to get information on my potential second f1 attempt and received some helpful ways to approach it. There is always a solution even if this one is difficult for sure. The school officials from my university in U.S. are in communications with government officials as of now and they will try to help me out. If it works or not, who knows. 
 

 

@Michael98 when were you last in the US?

How long were you in the US?

If the time between last exit and interview for student visa is less than the time you spent in the US expect to be denied. 

It doesn't matter how much evidence you have.

J visa and student visas are non-immigrant visas. If it looks like you are trying to live in the US.... you will be denied. 

Give it at at least 1 year before you try again. 

[Crazy Cat 41,985]

15 minutes ago, Michael98 said:

The school officials from my university in U.S. are in communications with government officials as of now and they will try to help me out.

They can not issue you a visa....... I think you are minimizing the effect of a sworn statement admitting you had illegal intent. 

Edited May 25, 2022 by Crazy Cat

[Boiler 45,767]

F1 is a pretty simple process and all this is doing is sending us around in circles.

 

The facts are what they are, you are free to re apply 

[SusieQQQ 11,587]

1 hour ago, Michael98 said:

The school officials from my university in U.S. are in communications with government officials as of now and they will try to help me out.

The decision to issue or not issue you a visa lies solely with the embassy/consulate. The school can’t do any more than it has already done, that is, issue proof of your admittance and that you have  satisfied them you can pay for it. The school cannot guarantee that you will return home after your course, or mitigate a signed statement you gave to CBP before. Only you can (try to) fix those issues.