The reasons listed above shed light on the steps that you can take to avoid denials: good planning, preparation, English, dress, and attitude are just the start.
Professional legal help — at the least reviewing your DS and supporting documentation and conducting a mock interview — can be critical to avoiding a refusal. If you have already been denied, a diagnosis of the problem is needed. Again, a professional can help pinpoint the problem, prepare the DS and supporting documents for a re-application, and provide invaluable guidance in going through the interview. If the problem relates to a finding of inadmissibility for a misrepresentation or a criminal situation, then the lawyer can advise of the accuracy of the determination and seek review of the decision or a waiver.
Finally, some of the listed reasons above do not have a basis in the law and should be challenged. Cheap is expensive, as those who fail to consult a professional come to realize after student visa denials. Contact us and let us put our more than 25 years of experience in dealing with student visas to work for you.
Categories of Student Visa Applicants In general, each student visa applicant must show that he or she: 1 is a legitimate student; 2 has the ability to cover the costs of education and living in the US; and 3 has strong ties to the home country and will depart after the education program is finished. Reasons for Denial Over the course of more than 25 years of visa practice, we have seen the entire gamut of student visa denials.
Although a few of the reasons are listed in the sister b article on this site, below we have focused exclusively on some of the most frequent reasons for denial of student visas: Country of Origin. The most decisive factor in the outcome of the student visa application is the country of nationality. A student from economically developed and politically stable Germany, in general, should not have any problem whatsoever, whereas applicants from Afghanistan, Congo, and Uzbekistan have the odds stacked against them.
The Department of State does not publish country refusal statistics for student visa applicants, but B visa refusal rates are published and serve as a very rough approximation of how students from those countries are treated. As a part of this standard-of-living analysis, the consul may treat those from rural areas or small towns with less fealty and more likely to deny than those from large cities.
Working for a company for less than 1 year after university graduation in the home country may reflect instability or wanderlust, not conducive to issuing a student visa. Interview Problems. Because student visa interviews usually last 2—3 minutes, the applicant only gets one chance to make a first impression. And it is that first impression that counts.
An inability to articulate reasons for selecting the university may be fatal. An inability to articulate how a program fits career plans — also refusal worthy. An inability to answer simple, standard questions e. What does your dad do? Nerves, poor body language, looking down, negative vibes, poor dress or even ostentatious dress — are all negative factors.
Inadequate or Inadequately Documented Finances. The student visa applicant must be able to show the ability to pay for the first year of an academic program. Consuls posted in developing countries are very alert to fraud in this regard.
Parent-sponsors holding poorly-paid government positions may be subjected to skepticism. Friends who are sponsors may also raise questions: how strong is the commitment of this family friend?
How well do you know this uncle-sponsor? When was the last time you saw him? Previous US Visa Denial. While a recent previous US visa denial is not a death knell for a student visa applicant, it is a distinct black mark. Change of Status in US. Many tourists, visitors and Summer Work Travel participants after arriving to the US decide to stay and enroll in school. They change their status and attend school. In the worst case, the consul may feel deceived by the failure to return home after the lapse of their initial status and slap a a 6 C i finding on the applicant.
Another consul may simply deny under Section b. This, regardless of how long the person studied in the US, how little time is left until graduation, or how much money was already spent on the unfinished education. Section g Refusal. While a g decision is only a temporary refusal, the impact could be permanent. If delays cause a student to miss a semester or unable to return to OPT, the student will consider other alternatives.
Similarly, those who have a common name may be forced to enter the g Twilight Zone — caught in the limbo between visa issuance and hard refusal.
If the g becomes protracted, a writ of mandamus lawsuit may be appropriate. They are often compensated after issuance of the visa, and so their zeal to maximize the chances of receiving the visa sometimes knows no ends. In rare cases, the consular officer might have actually misapplied the law to your case. If the officer mentions legal grounds for the denial, ask for the exact section number of the law under which you're being denied, in order to assist any lawyer whom you later consult.
Also ask for the rules on reapplying. Some consulates have special procedures to reduce your paperwork if you are reapplying within one year. There is no appeal from the denial of a Change of Status application to student or other status, which you would have made to USCIS if you were already in the U. However, a lawyer can help you request that your application be reconsidered.
The lawyer will need to argue that USCIS incorrectly applied the law to the facts in your original application—not an easy argument to make, unless an obvious error occurred. If you decide to consult a lawyer or to apply for reconsideration, act quickly.
If your original visa status has run out, USCIS will follow its denial of your application with an NTA notice placing you into removal deportation proceedings. If you can't show that you have some separate basis for being allowed to stay in the United States for example, asylum or marriage to a U. Most people who are given a choice depart voluntarily , because once you have been deported, you cannot return to the United States legally for five years without special permission a "waiver" from the U.
If your Change of Status application in the United States is denied and you leave within the time required or voluntarily , you can always try applying for a visa at an overseas consulate.
This could be tricky—by this time you might have spent more than six months in the United States unlawfully, which would make you unable to return for three or ten years.
See Consequences of Unlawful Presence in the U. Consult a lawyer if you're facing this issue. If you decide to reapply for a student visa, the main question will be, can you correct the underlying problem that led to the first denial? If the problem had to do with your basic eligibility, such as whether you have enough savings or a source of funds with which to cover your stay or whether you will return home afterwards, you might be able to fix it yourself.
Read about how to establish your eligibility in the first place, including F-1 Student Visa to the U. Think about what additional forms of evidence you can come up with to tip the balance in your favor. How long is the admin review process? You should receive an admin review decision from the Home Office within 28 days. Can I defer my admission? Deferring your course is possible but it depends on when your course will be running next. Please contact the International Office for details.
Can I apply for a refund of tuition fee paid to the University? Please forward your fee refund query to the International Office for further advice. Reasons for visa refusal There are a number of reasons why a Student visa application may be refused.
Make sure that the money in the account has not dipped below the required level, even for one day during the last 28 days. Make sure that your financial evidence is recent, the statement or bank letter is issued within 31 days ago, at the time you apply for your visa. Visa refusals - Next steps Emailing your refusal notice If your Tier 4 visa application is refused, you should contact the International Office immediately with the following information: Your name and student number A scan of your refusal notice all pages Emailing your credibility interview transcript If your visa was refused on credibility grounds, we will also require a copy of the interview transcript which you can obtain through your visa issuing office.
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