More details to this question:
My brother is a Syrian national. He came to the US on a visitor visa and while he is here, he applied for graduate school (masters in his field of study). He received I20, he left the US (after 3 months of stay, he still had another 3 months in his I-94). He applied for an F1 visa in Lebanon on July 24th 2012. However, the counselor rejected his F1 visa and cancelled his B1/B2 visa. What are his options now, knowing that he has obtained a B1/B2 visa twice, the first time he came to the US for a week only. The second time, he came to the US for 3 months (6 months after his visa was issued). During the interview, the counselor didn't ask for proofs (TOEFL, funds,etc...) although my brother had all these Docs.
6 ANSWERS
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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You can't appeal, but there is not limitation on the number of times you can apply. The consulate has a lot of discretion when it comes to non-immigrant visa applications such as student visas. Your brother needs to reapply and convince the consulate that he has the intention to attend school and return home afterward.
Answered on Aug 15th, 2012 at 2:00 PM
Rebecca T White
It is possible to either appeal or reapply, particularly if there was an error in the findings. If I can be of further assistance, please let me know.
Answered on Aug 15th, 2012 at 2:00 PM
No appeal. Only reconsideration by the same consular official. If the official was offended by your brother's actions, then reconsideration may prove useless. He may wish to review his options through a teleconference with a competent and experienced immigration attorney.
Answered on Aug 15th, 2012 at 1:59 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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Need to find out the grounds of refusal before he can plan his next move. Hire an attorney to help him.
Answered on Aug 15th, 2012 at 1:59 PM
Bruce A. Coane
There is no direct appeal. Sometimes you can complain to the State Department in Washington. Other times, I have filed a lawsuit, trying to get justice, but it is very difficult.
Answered on Aug 15th, 2012 at 1:58 PM
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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I need more information on why it was denied. It is possible if wrongfully denied to do the Motion to Reopen. *Motion to reopen* A motion to reopen must be prepared. This is a movement we need to unite and prepare all other measures and requests. Unless the motion to reopen is granted, the case can not proceed. Once the motion to reopen is filed, there are two possible outcomes. First, the motion could be granted. If this is the case, then we can enter into an agreement to represent the underlying issue. Otherwise, the motion be denied. If he refuses, then it must be challenged. In addition to the motion to reopen, a motion for stay is usually required so that there is no immediate enforcement of the deportation order.
Answered on Aug 15th, 2012 at 1:58 PM