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Refusal of F-1 Visa- Appeal

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  • Refusal of F-1 Visa- Appeal

    Hi, I want to know, if one can appeal a counsler denial decision of F-1 visa on the basis of change of status from B-1 to F-1 on the previous visit? Is there any web site I can find instrutions on this subject? Thanks

  • #2
    there is no appeal of this refusal. All you can do is reapply. The problem is your credibility - when you asked for the B1 visa, you said you were going for business and had (presumably) a job to return to (or so you "promised") - but changing status to F1 means you no longer have the job (if you even had one to begin with) and that whatever reasons you gave for going back to wherever were no longer valid (or true). This will affect your ability to convince the embassy that you will do what you say (since you did not do what you said before)...

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    • #3
      Did you tell the Immigration Officer at the Port of Entry that you were interested in Studying in the US?
      When did you enter the US? if you've entered after Apr 2002, you are required to tell the Immigration Officer at the POE that you're a prospective student.
      Were you ever approved F-1 before?

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      • #4
        There is an appeal procedure but you will have to appeal the issue to the consular official who is the supervisor over the official who denied the visa. The supervising consular official can over turn the denial. Unlikely but possible.

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        • #5
          I did visit on B-2 visa three times before. During the last visit in 1998, I got the admission in school & then in college. Changed to F-1 status while in status, studied for three years as regular student,got married to uk citizen, moved to uk with permission of the school. Want to come back to complete my graduation. Applied for new 1-120, got new I-20,applied with all relevant papers at US consulate London. Un-fortunately visa denied on grounds that I got changed to F-1 status while on B-2 three years ago.I am a current studet of college in USA.Change of status in no way is illegal act. I don't why I am being penalized for that legal switch over.
          Please help me to solve this problem. I have paid thousands of $ during last three years as foreign student. I want to complete my course in any case. Thanks

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          • #6
            That's not valid grounds for resusal....atleast I dont think it is. I have just changed from B-2 to an F-1. It took me long to get it but I have.
            Looks like you've got a lil complicated situation.
            I dont know much about the appeal process....you might want to get legal advice....log on to the chats here and get you questions answered.
            All the best!

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            • #7
              Be careful don't leave USA, if u want to complete ur course. If u leave, u will have problem to get in back. Any way thanks for ur advise. I shall act on it.

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              • #8
                Thanks! And I'll be sure not to leave....dont wanna throw all the $'s down the drain!!!

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                • #9
                  Gee, I did not know that Marie was so knowledgeable about US visa laws ..."I don't think that is a valid grounds for refusal..." - how do you know?
                  You apparently lied to the embassy or INS when you got your B2 visa, claiming you were going to "visit" for some brief time and then?????? "Oh, I just changed my mind..."
                  Obviously you had other intentions

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                  • #10
                    IF U THINK U ARE EXPERT OF US LAW THEN TELL ME WHY THE CHANGE IN VISA WAS APPROVED AT FIRST PLACE.WAS IT NOT IN ACCORDANCE WITH LAW?

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                    • #11
                      the INS approves or denies the change of status, not the consulate overseas. You do not attend an interview for a change of status; all you normally do is fill out a brief questionnaire and pay a fee.
                      The embassy officials have interviewed and made a determination about your "tourist status" during that interview. When you arrived in the US on your most recent visa, you told INS you were arriving as a tourist - but then "changed your mind." Again, the INS folks do not pursue this event as accurately as the embassy folks.
                      This is why your credibility matters more at the embassy than with INS.

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                      • #12
                        It is difficult for US Embassy to reverse its earlier decision. I don't know your field of study but perhaps you should open up your options to study in Canada or England or Scotland. These countries also have great universities. You may be able to get US visa again after a few years. Don't give up. I had to wait 10 years before I was granted a visa. Now I am here in the USA. God will help you.

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                        • #13
                          odd....I read somewhere that only consular officers could make visa decisions; no one else, including any diety.....

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                          • #14
                            It is now a myth to think that only consular officer can make visa decisions. Visa decisions after 9/11 are now mostly in the hand of Depatment of Homeland Security. Consular officer only process the application papers. Majority of visa decisions today are referred to Washington DC for approvals or denials.

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                            • #15
                              Sorry, your last statement is not true. Consular officers and only consular officers have the authority to make visa decisions - only certain cases requiring additional security checks are sent back to the US and then only for review, etc. The last phase of the visa issuing process is performed by consular officers. Consular officers interview thousands of people everyday; they do not send every application back to DHS for any approval. The consular officers make their own decisions.

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