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CaitlinWoodington

granted tourist visa but then told needed student visa

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Filed: Timeline

Hi,

I'm attempting to do some investigating for my employer. His daughter has been accepted to a recreational course in the US starting in September. It's not accredited, she won't receive any credits for it and she's the first international student who has done this course. She advised to apply for a tourist visa (B-2), which she did and it was granted. Then she received a call the next day saying that the US Embassy in London had changed their mind and that she needed a student visa. She tried to explain to the woman on the phone but the lady did not seem to understand that it was a recreational course and not one for credit or certificate. Since then she hasn't been able to actually speak to anyone. The phone numbers they have rung have either led them to call centres in India or answering machines. They're trying to determine what their next step should be. We've been doing research but aren't finding many clear solutions. Any advice would be appreciated and if anyone knows how to directly contact the embassy in London that would be great.

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Filed: Timeline

So I was incorrect in saying it was granted. She was told at the interview it would be granted but she did not have the visa in her passport yet. She was waiting to receive her passport when she received the call. There have been several emails sent but no response.

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Filed: Timeline

Just a phone call. The tracking just says processing because the she's been asked to submit the added documentation for a student visa which she can't provide since it's a recreation course. They need to be able to get in touch with someone which they haven't had much luck with.

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Filed: K-1 Visa Country: Wales
Timeline

I've known many people who've taken non accredited courses in the US on a B2 visa for work with no issue. The only part I find weird is why would a UK national apply for a B2 visa at all for a non accredited course. Why not just use the VWP?

Exactly.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Timeline

There are several unknowns in this case.

First, the visa used to enter the US must match the primary purpose of the entry -- so, if the applicant said they wanted to go primarily for this course of study (recreational or not), thoughts of a visa officer turn to student visa. The course of study must be incidental to the entry as a visitor.

Second, there is no indication whether the source of the course is an institution that has I-20 issuing capacity. If so, it may/may not matter whether the individual will receive credit or not. It may require a student visa for the particular course, given the nature of the course.

Third, no indication as to the length of the course -- there's a limit of hours of study for even recreational courses (if I remember right, it's a limit of 18 hours a week). If it's more than that, it's not considered incidental to the entry as a visitor.

It sounds like the visa officer may have done some more review after the interview and found out that the proposed course does not qualify to be done on a visitor's visa. Since she's the first international student to take this course, the school might not have anyone on staff who actually understands the requirements for student visas -- so, when they advised her to apply for a B2, they could have steered her wrong.

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Filed: Citizen (apr) Country: Canada
Timeline

What sort of course is it?

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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