B2 Visa Refused - International Student

[andaluza 1]

Hello

I want to visit my sister in the USA and I was refused a B2 visa. I am currently studying abroad from my residential country on my own.

I was denied a Visa because of 214(b) :

What does a visa denial under INA section 214(b) mean?

This law applies only to nonimmigrant visa categories. If you are refused a visa under section 214(b), it means that you:

• Did not sufficiently demonstrate to the consular officer that you qualify for the nonimmigrant visa category you applied for; and/or
• Did not overcome the presumption of immigrant intent, required by law, by sufficiently demonstrating that you have strong ties to your home country that will compel you to leave the United States at the end of your temporary stay. (H-1B and L visa applicants, along with their spouse and any minor children, are excluded from this requirement.)

I was refused because as she said I am studying abroad and don't have strong ties to where I am residing. Well I am studying in a World Top 50 university, very tough to get in and I paid a LOT of money to be here, also I'm an EU resident. If I wanted to go to the US instead of spending $30k in coming to this country I could have done the same and enrolled in a school in the US . I paid ALL of this years tuition fees, and a have a yearly rental agreement.

I don't think her judgmenet was fair and she said that as long as I am a foreign student here my visa will get refused because that does not show strong ties.

It also said that "there is no appeal process" .

Is there anything I can do ? I don't think her judgment was fair. All I want is to see my sister which I haven't seen in 2 years and I don't understand why I am not allowed to. She even said 'well she can come and visit you here' . So why is she able to do so and I cant if we have the same status - foreign students ?

Is it possible for me to have somebody else look at my case? Can I request to see the General Consul? Please advice me.

[apple21 953]

You can certainly apply again.

[Hypnos 6,576]

There is nothing you can do except reapply, which the CO indicated is not likely to be successful.

Unfortunately you are at that age where it can be difficult to demonstrate ties necessary to overcome the presupposition of immigrant intent.

The fact that you are studying outside your home country probably didn't help you any, either.

[canadian_wife 1,806]

Sadly, school students, and I assume that you are young, have a difficult time getting tourist visas.

What school are you attending? What country are you originally from?

You can certainly reapply, I'd get a letter from your school stating that you are enrolled for the upcoming semester with tuition balance paid

good luck

[andaluza 1]

Sadly, school students, and I assume that you are young, have a difficult time getting tourist visas.

What school are you attending? What country are you originally from?

You can certainly reapply, I'd get a letter from your school stating that you are enrolled for the upcoming semester with tuition balance paid

good luck

I am a university student studying at a World Top 50 university, my university is even generally ranked among the 15 best in the world. So why would I leave my perfect degree to go to the US where I have nothing!! ?

It just makes no sense to me. I showed a document from university how all of this years fees have been paid.

It just is UNFAIR .

[andaluza 1]

There is nothing you can do except reapply, which the CO indicated is not likely to be successful.

Unfortunately you are at that age where it can be difficult to demonstrate ties necessary to overcome the presupposition of immigrant intent.

The fact that you are studying outside your home country probably didn't help you any, either.

I left my country 12 years ago, and was living in another country before coming to EU to study for my degree.

Is it possible for me to have somebody else look at my case? Can I request to see the General Consul? Please advice me.

[RhettVoe 281]

While you think the decision unfair, so does everyone else who gets refused. Our laws are more strict than most other countries when it comes to getting tourist visas. Many foreign students have abandoned their studies to pursue a GC in the US via marriage to a USC...happens all the time. You cannot request that a specific CO conducts the next (if any) interview. There is no appeal process...you can only reapply. As you discovered, a piece of paper does not automatically qualify you for a visa. You still did not mention the name of the university, nor where you are from.

[Boiler 44,225]

I would suggest applying in you home country where you would be able to show more ties.

[NigeriaorBust 4,087]

In some countries it is nearly impossible for people to get a visitors visa. You are young and educated and could blend in easily, What do you have that forces you to leave ( an education ) what is in the US to make you want to stay ( a sister ) in immigration eyes a sister in the US trumps a student not in home country no matter how fancy the school. Until you can change the equation you probably will not get a visitors visa although the consulate will continue to collect fees to recheck the equation. Get a home/spouse /kids and the balance changes

[RhettVoe 281]

By your own admission, you have absent from your native country fpr 12 years, so why would the vo believe you would return to any country? Moreover, how did your sister get to the US? If she went on a tourist visa and stayed, the VOs might well believe you would do the same.

[Boiler 44,225]

It seems that his Sister is also a Student.

[andaluza 1]

My sister is at a private university in the US. She lives in campus so she only has 'a room', not a flat/house where I could crash at. So the hypothesis of the sister is just plain dumb, it's not like I had a familiar I could possibly stay with. Even meeting my sister was going to be at a hotel.

Well I have lived abroad many years but always in the right immigration type, never overstayed any visa or any of that. Also if my intention was to go to the USA the money I spent in enrolling in my current university I could have spent it and enrolled at a uni there which btw would have been MUCH cheaper for me.

It was hard for me to come to EU as I actually have a USA high school and most university dont accept it.

I hate this, they make me feel like some 'poor African kid' that just wants to have some piece of their BS. All I wanted is to visit my sister. I didn't want to stay in the USA, study in the USA nor live in the US. I hate this, all embassies treat me like some worthless piece of who is a treat to their country. OMG.

I attended through my entire life private schools, lived in the best areas and eaten the best food. But when time comes to ask for a visa im seen the same as those people who put their life at sake to get into those dinghy .

[Hypnos 6,576]

By law, all nonimmigrant visa applicants are presumed to be intending immigrants; you must convince the CO that, based upon the preponderance of the evidence, you are not an intending immigrant and should be issued a visa.

Perhaps your sister could come and visit you, instead?

[Boiler 44,225]

They are not that interested in why you want to go, they are interested on why you need to leave.

That is why I suggested you apply in your home country rather than the one in which you are temporarily to study.

[RhettVoe 281]

Since you obviously think very little of our laws and rules, it's best if you remain outside the US of A.