QUESTION

What changes should I and my husband make to pass next interview?

Asked on Jul 04th, 2013 on Immigration - California
More details to this question:
Me and my spouse applied for F1 student Visa. Our son is shown as F2 dependent with me. We appeared for interview on 2nd of July and we both F1 got rejected as potential immigrant. We both got 214b slip. We need advice. What changes should we make while applying next time for interview. We are planning to apply for second time in the next week.
Report Abuse

5 ANSWERS

Adebola O. Asekun
If your F-1 visa applications were denied based on the consular officer's contention that you are intending immigrants, you are going to need to provide substantial evidence that you do not intend to stay permanently in US; that you have sufficient ties in your home country that will assure your return to your country after the end of your studies, that you have substantial family and properties in your country that you cannot be expected to give up by remaining in the US; You may even have to post a hefty maintenance of status/departure bond . Although, most denials of non-immigrant applications is without prejudice and you may indeed be able to re-file, but you must note that overcoming a denial is difficult and proving that you do not have an immigrant intent is not easy. especially if you are from a country with high record of visa overstays or if you already have an immigrant petition filed or of you have family members in the US who are US citizens or legal resident statuses.
Answered on Jul 08th, 2013 at 6:02 PM

Report Abuse
You did not convince the officer who interviewed you that you have no intent to stay in the US permanently. It's not all in documentation you presented. It's probably in your demeanor that convinced the officer that your real purpose is to move to the US. No matter what your true intentions are, you are applying for studying and go to the US for that purpose only and will certainly return back to your country after completing the education. You must show that you have prospective job in your country waiting for you once you complete education. You must show other roots in the country that would necessitate you to return. You may re-apply. However, the luck of consulting with an immigration attorney might be a reason you failed at the interview.
Answered on Jul 08th, 2013 at 11:44 AM

Report Abuse
Employment & Labor Attorney serving Salt Lake City, UT at Sharon L. Preston, P.C.
Update Your Profile
I am sorry to hear about the denial of your visas. A visa denial under INA section 214(b) means the consular officer concluded that you were not able to show "non-immigrant" intent. That is, you were not able to show that you would return to your home country after finishing your studies. To show that you do not have immigrant intent, that is you will not stay in the U.S. after finishing your studies, you must show that you have strong ties to your home country that will compel you to return home at the end of your temporary stay as a student in the United States. How you can go about showing strong ties to your home country, depends on where you are from, but in general it includes, for example, showing that: 1. you have a long term job; 2. you own a home and other property; 3. you have family relationships that you are not likely to leave, etc. The consular officer also looks at your financial resources (for example,money in the bank or other investments in your home country); and the officer may also consider if you have any ties outside the U.S. that may compel you to leave the U.S. Basically, you have to convince the consular officer that you will not be staying in the U.S. after your visa ends.
Answered on Jul 08th, 2013 at 11:42 AM

Report Abuse
Sexual Harassment Attorney serving Brooklyn, NY
3 Awards
It will be hard to overcome this determination especially when the whole family is trying to come to the US. You may try applying again presenting new evidence of ties with your country; consult with an attorney first.
Answered on Jul 08th, 2013 at 11:29 AM

Report Abuse
A denial based on Immigrant Intent can only be overcome with a clear and well defined application package. I recommend you consult with an Immigration Attorney who can help you prepare the package based on his or her experience on the best arguments and evidence necessary to successfully overcome a visa denial. The Attorney will need to look at the facts and documentation in your particular situation to come up with the best strategy for your case.
Answered on Jul 08th, 2013 at 11:11 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters