My brother was denied F1 Visa because of my citizenship help

[RhettVoe 281]

ManCharsey...sorry, but you have no idea of what you are talking about...my comments are spot on...and I provide a reality check for those who prefer the Pollyanna approach...I have considerable experience in this very field...more than everyone who visits this site combined...I am not making this up as I go...I am offering the other viewpoint, as people post questions or comments that give the appearance at times of trying to find some way of avoiding telling the truth or evading our laws...something I am intolerant of....you may feel different, that's your choice....but my commentary is based on years of experience in the exact area of interest that so many are involved in....more than you can imagine. My expertise in this realm was and is something that I worked very hard in shaping...complete with pure ethics....I don't like to see that undermined by those who just believe that our rules and laws are for those 'other people', while foreigners who have not worked for a single minute in this same arena offer their 'expert advice.'

My 'help' to other is to give them a reality check...to let them know that just filling a form and paying some money will not produce a visa on the spot. I explain what lies ahead for many of them....that there are hurdles to overcome...many prefer to tune me out....won't change my life one single iota. At the end of the day, any of them can do as they please....but when they do not succeed, there will be no sense hauling out a crying towel and claim that our 'unfair laws' deprived them of the opportunity to do something that was out of bounds, and obviously detected by our COs somewhere in the world.

[No name 88 48]

Whatever reasons they are giving him is some bull #######. You becoming a citizen has no bearing on your brother. And why in the heck did he tell them you are a citizen? If they asked then fine, he had to tell them. If they didn't ask, he didn't have to tell them. Besides F-1 is to attend school, so I believe as long as he got admitted to one and showed he had the finances to pay for it, he should have been good. Also I didn't know an applicants father or relatives could inquire from the consulate why their relative's visa was denied.

On the application it asks about your siblings and what family you having living in the US. They already know.

[No name 88 48]

RHettVoe. With all due respect I think you have a problem. What it is, I don't know but I believe it has to do with anger for something no one knows about. You continuously trash talk every forum you comment in and LOTS of people have commented on your behavior but you continue to do it. Perhaps you should seek medical attention before it gets too late because it makes you look unintelligent and unmannered. I'm just saying...

I read your comment in the post where you berated one guy for commenting about something he felt people were giving wrong information about (and believe me, what he said was the absolute truth). You jumped on him and made uncalled for comments about him because he was from Ghana and not an American citizen etc and therefore had no rights to even correct anyone...as though being an American gives one an automatic guarantee to heaven. If you can't contribute ALONE without saying something uncalled for, then desist from doing that as I believe your comments just generate tension and do not help anybody. This forum exists to help people. If you can't help, then desist from typing anything!

I have to agree. RHettVoe jumps on people about applying for tourist visa's that it is all but impossible and not worth trying. Yet thousands are granted tourist visa's everyday; sometimes it just takes multiple try's to get a different CO with different opinion.

Your odds of winning the lottery is small yet people buy lotto tickets everyday. If someone knows the risks when applying for a visa and wants to continue anyway let them; don't try and talk them out of it.

[RhettVoe 281]

I explain why a particular case may get more scrutiny than someone imagines. I also explain why documents won't prove intent, and what COs are attempting to do during an interview. Others post opinions that make it sound like getting a visa is easy. If it really was that easy, no one would need to ask for advice on forums like this one.

[justojai 53]

OP I think your brother was denied because in all his applications he would have informed the embassy about you and your status. I was once denied in 2012 for same reason, the CO did not even ask for my supporting documents despite I visited the US in 2011 for a training via the organization I work for. The only questions the CO asked me on the day of my interview was:

CO: why do you want to visit the US

Me: to visit my wife and Son

CO: what is her status

Me: LPR, though will become a citizen in 2013

CO: how old is your son and is he your biological son

Me: his a year old and yes his my biologial son

Immediately he gave me a sheet of paper saying am not qualify to travel at this time without looking at any of my supporting documents. the CO thought I wasnt going to come back if was allowed to travel because my wife will become a citizen in few months time but as God will do it my organization sent me on another training to the US 5 month later (of cos they couldnt stop me on a diplomatic mision) and I was able to rock my family while on training.

The CO already made his decision prior to the interview that could be the only reason he didnt bother looking at any of the ducuments with me.

[nightingalejules 678]

It seems as though your brother will have to work extra hard to prove ties to his home country. Don't beat yourself up about it. You followed your path, he follows his. But he will need to find some pretty compelling evidence that he will return home after he completes his education. Work (well, have him work) on compiling that evidence.

[BigDaddy28 228]

You said he hes not finished School but was applying for a Student Visa.

What does he want to study, where and which University?

He wanted to study Aviation or accounting in Ohio. The university is bowling green state university. He finished high school but he is college now.

[BigDaddy28 228]

OP I think your brother was denied because in all his applications he would have informed the embassy about you and your status. I was once denied in 2012 for same reason, the CO did not even ask for my supporting documents despite I visited the US in 2011 for a training via the organization I work for. The only questions the CO asked me on the day of my interview was:

CO: why do you want to visit the US

Me: to visit my wife and Son

CO: what is her status

Me: LPR, though will become a citizen in 2013

CO: how old is your son and is he your biological son

Me: his a year old and yes his my biologial son

Immediately he gave me a sheet of paper saying am not qualify to travel at this time without looking at any of my supporting documents. the CO thought I wasnt going to come back if was allowed to travel because my wife will become a citizen in few months time but as God will do it my organization sent me on another training to the US 5 month later (of cos they couldnt stop me on a diplomatic mision) and I was able to rock my family while on training.

The CO already made his decision prior to the interview that could be the only reason he didnt bother looking at any of the ducuments with me.

Thats how I felt too, the decision is made before they seen him. The CO didn't even see the documents here. And we chose for him to come to America because we are here, we already have jobs s we can help him with living expenses, maybe school money, pocket money... but didn't have no interest in making him stay here. Just because I found my love in the US and I chose to stay here to live with her and my kids doesn't mean that the same will happen to him and thats what they want to believe everytime.

It seems as though your brother will have to work extra hard to prove ties to his home country. Don't beat yourself up about it. You followed your path, he follows his. But he will need to find some pretty compelling evidence that he will return home after he completes his education. Work (well, have him work) on compiling that evidence.

Thank you nightingalejules,

[BigDaddy28 228]

Applying for tourist visa when he is 18 (why not F1 ?) is very questionable not only to the interviewer but to me also. I think when he was 18, he should've applied for a student visa instead of tourist visa.

BTW Did the interviewer ask him to show any document like school transcript, financial support ?

He applied for a student visa after he turned 18 because thats when he finished high school. Before that he was not going to be able and study here without repeating all of the high school years. For some reason the high school and before it are a bit long thats why people finish them above the age 18. And No the officer didn't ask him for supporting documents.

[BigDaddy28 228]

"legit" refers to the applicant being a legitimate applicant for the visa category being sought...that is, one who is perceived to be a bona fide recipient of said visa; one who will abide by the terms of the visa...and only a CO makes that determination...your thoughts on the matter are not considered.

And for your other thoughts, well, please refer to our First Amendment.

Let me give you an English class RhettVoe. Legit that you used in your other post doesn't have no relationship with what you are talking about here. by legit you meant somebody lying or not. Somebody who was trying to scam the system. IS my brother legitimate for the visa category? Of course his intention is to come study aviation or accounting and then go back home and work there. Having a bachelor or a masters degree from America is really good and almost get you a job anywhere in the world. I understand that my thoughts are not considered, but thats why I am asking in this forum to see if me, my brother or my family forgot something that we should have done to convince the officer that his intention are true and honest.

For your first amendment nobody is going to tell you to not to practice that but your first amendment stops when mine starts. So don't throw your words on me without deep thoughts. Attacking somebody with some reasons you drew in your mind, doesn't help as much a you want.

I respect your first amendment right, and I won't tell you to not practice it. Practice it but don't attack me or one of my family when you don't even know half of the story. I know for a fact that I asked you with all of my respect to not to comment if you don't have anything nice to say not only to me but to anybody in this forum (because we are humans as you are), so you leave me with the choice to ignore your comments. Say what you want to say I promise you, you will not see a single word replied to you, why? Because I want to respect you and your first amendment and not make you feel like you have done something wrong.

I want to end this with good words SO I leave you with peace my brother/ sister. I wish you good luck in the future.

[ShirahBet 42]

As an impartial bystander, I do think you are ignoring some important information: there was nothing that your brother could have done to change the CO's mind. As it has been said before, the mere fact that you were a foreign national and now have become a USC has worked against your brother.

Does it seem backwards? Perhaps. Does it SEEM unfair? Perhaps. But none of us are trained Consulate Officers. To them, they are protecting the interest of US citizens and the United States. When someone is attempting to travel or even immigrate from a country where conditions are less than desirable, the consulate will be even more harsh and use their discretion in order to protect the US. That's the reality. So, while your intentions (and likely your brother's intentions) were and are good, it still means that unfortunately, at this time, your brother will not get to study aviation or accounting in Ohio; perhaps there are other options that your brother can look in to that don't currently involve the United States?

Traveling one time to France is not going to prove anything. I would imagine that a longer history of international travel with returning in a timely fashion (prior to visa expiration) might go to establish a strong pattern, especially if you have relatives in other foreign countries. There is no one thing that will change the mind of the CO at this point.

I really do wish him the best of luck.

[RhettVoe 281]

I used the term 'legit' as a shortened reference to an applicant being deemed qualified/bona fide to be granted a visa, nothing more. You may think or believe that your brother is legit, but the CO (whose opinion is the only one that matters ) did not. You were not attacked, though you apparently believe otherwise. Perhaps an English class might benefit you (please re-read your second sentence from your most recent posting).

ShirahBet's recent reply reiterates the same things I have said. At the end of the day, no third party can 'help' somebody obtain a visa, and the COs are the ones who have the training and experience to adjudicate visas. They have seen and heard all of the stories known to mankind from visa applicants around the world. Intentions cannot be proved with pieces of paper or 'guarantees' made by well intentioned third parties (relatives or not). People try all sorts of things to convince COs....but there is no magic answer nor document that will do the trick. The applicant must convince a CO of their bona fides, no matter how unfair others may think the process. Our laws are written entirely different concerning visa adjudication compared to most countries. An applicant is already presumed to be going to the US to remain permanently when he or she is applying for many types of nonimmigrant visas (including student and tourist visas). Far too many students have failed to return to their country after completion of their studies, especially those from countries in which '4o year old men cannot find jobs.' COs are well informed about the economic conditions in the countries to which they are assigned. They are going to ask themselves this question (while asking it of the applicant) "what meaningful employment exists in this country that the applicant can credibly state he or she will take on after completing their studies in the US?' Often, there is no clear answer to that question, which then undermines the applicant's assertions that he or she will be the one person who returns to restore their country's economy to good health. Other applicants attempt to use student visas to shop for US spouses or to find employment....these facts are also well known to experienced COs.

As a result, it is quite possible that some truly 'legit' (i.e. bona fide) students are denied visas. There is no perfect method for determining the absolute true intentions of most visa applicants. The one we have in place is the one we have in place.

Now, if our laws were changed so that every foreign student had to return to their country for, say, two years, without exception, after completing their studies, then perhaps more people would be given the opportunity to study here, but that is not the case today.

Many people don't agree with our current methods/laws, etc. But that fact will not change the CO's focus, nor will a pile of notarized documents, nor a letter from some representative (and there is no chance that a letter from an immigration attorney will change a CO's mind!). When all is said and done, the applicant is the only one who can try to convince a CO of their true intentions. How they do that has not been outlined in a specific form, which no doubt frustrates a lot of folks, but again, that is the way our current system works.

[Boiler 43,438]

He wanted to study Aviation or accounting in Ohio. The university is bowling green state university. He finished high school but he is college now.

He had two 1 20's?

That is unusual, normally you decide on your course and get the paperwork, supporting funds etc and then apply.

[Jon York 156]

I bet you that my brother is legit more then you. Just because he got denied a VISA doesn't mean he is not legit. Now instead of making your attacks on my brother or myself I ask you with all of my respect to not to comment again if you don't have something nice to say. Keep your own opinion to yourself and only yourself as it is not helping no other here.

What are you talking about? No one was attacking your brother or you! Before you lash out in anger you should make sure you understand English well enough to know the difference between a personal attack and a generic comment.

Edited March 8, 2014 by Jon York

[Gosia & Tito 199]

He had two 1 20's?

That is unusual, normally you decide on your course and get the paperwork, supporting funds etc and then apply.

Exactly.

OP: I believe that is the root of the denial. Student visa applicants have in the vast majority of cases already been accepted into a college/program, then that college provides paperwork as to the acceptance and this paperwork plus documentation supporting the financial aspects is what leads into the visa.

In your original posts, you noted that he would study "aviation or accounting", which seems to be saying he is not accepted into a college yet and he would only later decide and apply. There is no guarantee of admission into a college, except for private ones that will take you as long as you pay their tuition. Aviation is very expensive, and there are very constraining rules for foreigners (thanks to 9-11), which esentially have closed the field for all but rich foreigners. Accounting means a 4-year college, and an admission process.

Admissions don't happen overnight, even if he is inthe US it would be a 6-7 month process. What would he do for that pereiod of time. The student visa is granted to start studies within a short period of time, couple of months usually.

I believe that is the problem here. You don't just go asking for a student visa, to come into the country and then figure out what would you study. Even for non-college type of studies, inclusive to aviation. The prospective student has to be accepted first. Otherwise is kind of asking for a fiance/e visa without having a fiance/e and then come to the country to 'find' one.

SO, for specific advice: your brother has to go to an admission process to a school/college, then be accepted, then can he ask for a student visa. With the financial supporting documentation; and here is where your aid might kick in: if the college is in the area you live, you can offer a housing support for example, which reduces his overall financial liability.

The college/school will provide him, during the admission process, the estimate costs of living, tuition, insurance, etc; such that it is clearly spelled out how much money -minimum- per year he must have to support his studies. Then he provides strong documentation that he has those financial resources, then the possibility of a visa is strong.

I don't believe, like others have noted that the fact that you are a citizen would count as much at that point -a lot of first hand experience here-; but it does when there is no specific admission to a program.

Good luck

Edited March 8, 2014 by Gosia & Tito