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Refusal of F-1 Visa- Appeal

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  • #16
    Read the Homeland Security Act, you will find that visa issuance authority has been transferred form DOS to DHS. Yes, DOS officers will interview and so on, but final authority is with DHS. But for practical purposes, not all cases are referred to Washington DC.

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    • #17
      Visa issuance is still under the purvuew of the State Dept...period. DHS may make some rules and/or modify certain policies, but all decisions are made by consular officers.

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      • #18
        this case, for example, will not involve DHS in any way shape or form (unless there is some unknown security issue) DHS does not determine qualifications of visa applicants - only the consular officers do this....period.

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        • #19
          Dont be too lavish with your words. If you want to accuse people of things they did or did not do then go find another discussion board.
          Maybe we need to put you at the various port of entries/embassies to screen peoples intentions when they want to come to the US for a visit.
          Yes I have a visitors visa....and I did use it for a visit on my earlier two trips.
          Dont be too quick to judge others.
          You think I would have gotten my F-1 status approved had I lied to the Immigration Officer at the POE?? If you think so....think again!!!

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          • #20
            to Marie: I am afraid you do not control my life or actions. If I wish to contribute to this site, so be it. The 'lie' you likely told INS on the last entry was "I am here to be a tourist..." all the while knowing you had other intentions. If an indivudal really had strong reasons to return to their country of residence, they could not realistically abandon those ties to "suddenly change their mind" and start school or whatever. I have written my representatives about this "change of mind" several times and one of the results now is a person asking for admission as a tourist must declare their "change of mind" at the port of entry or else no change of status will be approved. I imagine embassies are now making notations on some visas so as to preclude a "sudden change of mind" ten minutes after they get a tourist visa.

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            • #21
              Yea...you're right....you can contribute whatever you like to this board. Freedom of Speech...that's what this country is all about!
              But as I said before....dont be too lavish with your words and dont be too quick to judge others.
              Read my earlier msg to you....you are not likely to get a visa status approved NOW (considering all the incresed screening processes) when you lie at the port of entry. That should speak for itself.

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              • #22
                To Marie: fair enough - sorry, perhaps I was a bit too quick to judge.
                I do believe that the regulations for B2->F1 status change are more appropriate now than before.
                As you may know, an individual who wishes to attend school in the US, but doesn't know which one (for whatever the reason), but may have 2 or 3 in mind, can ask for a B2 visa with the notation "prospective student...."...this alerts the INs (DHS) what the intentions are of the arriving individual and should (in theory) reduce the chance of denial of admission or denial of a change of status request in the near future by this same person.
                Certainly the events after 9/11, with INS approving a status change to dead people (!) likely provided much of the impetus to change these rules about tourist->student status changes.

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                • #23
                  Apology accepted.
                  I think all the current laws that they are trying to implement are justified....esp after 9/11.
                  I was issued a visitors visa 5 years ago(valid for 10 yrs).....on my last trip here (the third one) I did declare i was a "prospective student"....so thankfully, I did not have any hassles.
                  This actually goes out to all immigrants. Dont start with a lie....one leads to another....and it's too big a risk. Before you know it you'll have forgotten the original lie. It's a lot easier to take the straight path!!

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                  • #24
                    To those who think that fibbing is the way to go...please read Marie's last posting.....she is right....do things honestly (or at least, try to do them that way)...it is true that one may not always get what one wants by being honest - at least not the first (or perhaps second) time....but more than likely eventually you will....but if you start off lying, using fraud, ect, and are caught, you can just about forget getting anything from anyone without a lot of red tape and no assurance of success.....
                    thanks Marie, for your last sentence...

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                    • #25
                      Your most welcome!

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                      • #26
                        Someone - you are so damn right!!! The INS here should just refuse all change of status from B visas. This very fact makes life of honest people VERY difficult. If you want to study - get your I-20 and go to school. All those dual intentions make life of normal visitors a living hell, trying to prove "home ties". They should make a rule that a person on B is nobody in this country other then visitor to Disney or the relative, there is no way you should be able to change it EVER not even in 10-15 years, no amnesties, you came on B - you have to go back. Want to work/study/immigrate - apply for appropriate visa. Period... This would make life of lots of parents, brothers and sisters much easier, of those honest peeple who just want to see their grandchildren, daughters and sons and spend there vacation here in US.

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                        • #27
                          to aaa: I agree totally.

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