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Friday, May 9, 2014

San Francisco Immigration Lawyer Q & A: F-1 Student Visa Denials and Subsequent B-1/2 Visa Applications

Question: I came to the US in August 2007 and completed my Masters in Electrical Engineering in December 2009. Then I got enrolled in an MBA program in January 2010. In the meantime my F-1 visa got expired and I went to India to get a new F-1 visa. I was not eligible for re-stamping because my visa had already expired more than 1 year ago. New Delhi US embassy rejected it twice, saying that I could be a potential immigrant. Now I want to go for third attempt. My question is if my visa is denied this time, can I apply for a B-1/2 visitor visa immediately? In case I don't get an F-1 visa, I want to come back to US to take care of my belongings.

Answer: Nothing stopping you from applying for a visitor visa after the 3rd denial, but you should be aware of two things: First, I think the Consulate would require you to schedule another appointment for a later date, and fill out a new DS-160 visa application. Second, I am afraid the issue of intent will follow you. In other words, a visitor visa also requires temporary intent, and the perception of you being a potential immigrant could also serve as grounds for a denial of your B-1/2 visa application.

Probably your best chance at the B-1/2 is to be very specific about your itinerary and exactly what you intend to do, to "take care of your belongings", with supporting evidence, where applicable. Honestly, after 3 prior refusals, including at least one on the grounds of intent, I would think the chances of your being issued the B are slim.

Going forward, looks like you will have options available to you for temporary work status and beyond, so don't hesitate to contact me if wish to strategize.

 


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