Denial in first F1 Interview

[Coco8 1,042]

30 minutes ago, Michael98 said:

Hello guys,

 

just to give you a short update: the congressman did his part by reading out to the embassy and trying to put in a good word for me. Obviously he won’t be able to get my record „cleared“. 
 

His office and the university told me to reapply for a second attempt. My lawyer said it’s also based on the embassy workers personal opinion & mood to a certain degree. I will give it a second try knowing the my changes are not good. 
 

I want to prepare as best as possible. Would you guys maybe help me out in figuring out my strong ties to Germany? 
 

I live with my parents as of now and both of them are not healthy anymore. My mom got sick a long time ago and my dad about 5 years ago. I want to go back to them as quick as possible. They’re still doing fine but I still want to care for them long term and for that, I have to be in Germany. Likewise with my grandparents. They live 5min away and are also old and not the healthiest anymore. I have a very strong and close connection to them and once they decide drop the house and move into assisted living (I think that is what it’s called), I will get the house. Furthermore I have the desire to work for Mercedes Benz in the same field my internship was in. This would be possible in a city like 15 mins away as I could apply there. 
 

what do you guys think ?

Having sick parents is not a strong tie.

[Boiler 45,281]

We’re you asked about your parents and grandparents in your first interview?

[Mixel96 6]

Can you help me with this question in the ds169 form: 

 

have you ever been denied travel authorization by the department of homeland security through electronic system for travel authorization (ESTA)?

 

Do I answer yes or no? My ESTA got approved and I only got refused entry at the border. So I guess I have to answer with a „yes“?

[Crazy Cat 41,587]

2 hours ago, Coco8 said:

Having sick parents is not a strong tie.

They aren't sick any more.  

Edited June 10, 2022 by Crazy Cat

[Mixel96 6]

5 minutes ago, Crazy Cat said:

They aren't sick any more.  

They are. It’s just still Kind if alright. My dad is capable of taking care but the past years he clearly becomes worse with the time. I definitely want to come back to support them in case I can purse my masters. 
 

my girlfriend is right now here in Germany and really likes it. So we now actually aim to come here after her studies are done. 
 

also I am about to start or re-start my own small business again. Do you think this would be a strong enough tie when it’s located here in Germany ?

2 hours ago, Boiler said:

We’re you asked about your parents and grandparents in your first interview?

No

[Chancy 6,241]

4 hours ago, Michael98 said:

Would you guys maybe help me out in figuring out my strong ties to Germany? 

 

It won't matter much as it doesn't seem like anything substantial has changed with your circumstances since your last application.  The next interviewing officer will have access to the previous officer's notes regarding your visa denial and will mostly be interested in what has changed with your situation since then.  If nothing has changed, they are not likely to overturn the decision of a colleague.  But you are free to try again anyway.  Please report back when you do.  Good luck.

 

[Mixel96 6]

25 minutes ago, Chancy said:

 

It won't matter much as it doesn't seem like anything substantial has changed with your circumstances since your last application.  The next interviewing officer will have access to the previous officer's notes regarding your visa denial and will mostly be interested in what has changed with your situation since then.  If nothing has changed, they are not likely to overturn the decision of a colleague.  But you are free to try again anyway.  Please report back when you do.  Good luck.

 

What is supposed to change when you had been refused admission with ESTA ? I can’t to anything really to change that. That’s why I want to prepare as best as possible for other questions. I am hoping that the officer will ask me questions beyond the refused admission incident. This was not the case last time 

[Chancy 6,241]

30 minutes ago, Michael98 said:

What is supposed to change when you had been refused admission with ESTA ? I can’t to anything really to change that. That’s why I want to prepare as best as possible for other questions. I am hoping that the officer will ask me questions beyond the refused admission incident. This was not the case last time 

 

I meant what has changed with your life circumstances since your F1 visa denial.  That's what the next interviewing officer will likely be interested in.  That's why previous posters advised you to wait, maybe a year or so, before applying again.  It's unlikely that the visa officer will believe that enough time has passed for there to be significant changes in your life since your previous F1 visa interview.

 

[Crazy Cat 41,587]

4 hours ago, Michael98 said:

They are. It’s just still Kind if alright. My dad is capable of taking care but the past years he clearly becomes worse with the time. I definitely want to come back to support them in case I can purse my masters. 

OK.  Thanks.  I wish them and you the best of health!!

[Mixel96 6]

Hello,

 

My appointment is this Friday. I did my best to prepare for it together with my lawyer. I only had two meetings with him. There’s still a  major question I would love to have your opinion on. 

 

I want to make clear that I never had any intentions on working in the US. When I got refused entry while traveling with ESTA back in March, the officer twisted my statements around for the sworn statement. In our initial interview it was more of a informal, general conversation about my theoretical future. Obviously, now I know better that I should never have mentioned anything related to work . In the conversation I specifically mentioned several times that when it comes to employment in the future, it would have to be with the appropriate visa. For example, on campus employment in a Starbucks, which is allowed. 
 

Now I want to know, what should I reply when the embassy officer asks me a question related to mentioning work in my sworn statement. What do you think is the best possible answer to express that I don’t have any intentions of working and that it was a misunderstanding? Please give me some ideas, I would appreciate it so much. 
 

Thank you !

[Crazy Cat 41,587]

2 minutes ago, Michael98 said:

and that it was a misunderstanding?

I think that is your only option if the subject is discussed.  

[Rocio0010 5,579]

7 hours ago, Michael98 said:

Please give me some ideas

We cannot and should not, in fact, give you “ideas”. The only “idea” is to tell the truth, say it was a misunderstanding, and leave it like that.

In general, one should not offer more information than it is asked.

[Mixel96 6]

So.. I am telling you guys, I got close. 
 

It went way better than I expected it to go, but still not well enough. The lady was very nice and asked me lots of questions I could easily answer (university choice, career plan, financial support) before she referred to the refused admission with ESTA. She asked me to walk her through it and she showed understanding, which made me feel quite positive. I was prepared to present strong ties and even there her reaction seemed to be „good“. But to finish the interview of, she said: „Oh I see you didn’t mention you already had an appointment in May. I can’t overrule my managers decision, I am sorry“

 

I mean honestly, this is kind of unfair. I explained the misunderstanding with the refused admission and she showed her understanding for that. The previous denial was solely based on one question the embassy officer asked me: „what happened to Chicago?“

 

I don’t get it why she did not know from the beginning that this was my second attempt. I don’t blame myself this time because I answered everything well. I guess I’ve got to accept that I won’t get a student visa for wanting to be a student..

[Mixel96 6]

Hello guys,

 

I am still in the process of selecting the proper lawyer for my case. 
 

does anyone here have experience with the DHS TRIP here?

[Boiler 45,281]

What case do you need a lawyer for?