We at Murthy Immigration Services Private Ltd., are pleased to report a successful approval of student visa (F1) for our client who had been previously refused the visa under Section 214(b) of the Immigration and Nationality Act (INA). Our client’s situation was unique as she had entered the United States pursuant to H4 status (dependent of H1B) and had changed her status to student (F1). She was visiting India and needed a visa to return to the United States to pursue her education.

NOTE: All case information related to our clients is kept in the strictest confidence. Names or other identifying details are never shared without client consent. The individual we represented in the case reported here has consented to the publication of the information contained here. We thank her for allowing us to share her story with our MurthyIndiaDotCom and MurthyIndiaBulletin readers.

Presumption of Immigrant Intent Under INA 214(b)

INA 214(b) presumes that the intent of the nonimmigrant applicant is to settle permanently in the United States. Applicant(s) will have to overcome this presumption for a visa to be approved. This is the most common refusal for many types of non-immigrant visas (except for H and L applications which enjoy the benefit of doctrine of dual intent). Student Visa applicants need to demonstrate that s/he is a focused student, has strong ties to home country and has adequate financial resources to cover the entire education for a successful issuance of F1 visa.

Background

In the present case, applicant entered United States pursuant to H-4 dependent status and had successfully changed her status to F1 (Student). The applicant only needed a few more credits to graduate in the next quarter. Since our client had traveled outside the United States after a change of status, she needed a student visa to return to the United States and graduate. The applicant situation was complicated as her husband was nearing completion of his six years on H1B status and this gave an impression that the applicant wanted to maintain her F1 status to facilitate her husband to change status to that of a F2 dependent after completion of six years on H1B and continue to stay in the U.S.

Murthy India Helps Identify the Issues and Present a Clear Application

After a careful review of the case, Attorneys at Murthy India were able to understand that the client was very focused in her education and had maintained a high GPA. The applicant had not even made use of Curricular Practical Training (CPT), as she was focused on completing the coursework on time. While analysing her husband’s status, we noticed that he was eligible for an extension beyond 6 years based on his pending application for permanent residency (green card). These facts were not clearly presented to the Consular Officer at the time of prior visa interview, which led to the refusal.

We advised our client on challenges in the case and laid out a strategy that could potentially help our client to overcome the presumption of immigrant intent. We assisted the applicant to present all the facts clearly at appropriate fields on the visa application form. We had advised our client with documents to evidence her strong academics, financial ability and long term nonimmigrant intent. We also presented evidence to clarify that her husband was indeed eligible for an extension beyond the six-year period.

Presenting all the facts clearly and unambiguously paid off. The interviewing officer reviewed all information presented on the application form, reviewed relevant documents and approved the application for student visa, permitting her to return to the United States and complete her education, independent of her husband’s H1B Status, saving valuable time and money that was already invested on her education.

Conclusion

In the right circumstances, it is possible to overcome a prior visa refusal. This is one of the many cases successfully handled by Murthy Immigration Services, where a change in strategy or clear presentation of facts has benefitted our clients to overcome a prior visa refusal. It is important to understand that it is often necessary to specifically address those issues that may have been of concern to the visa officer while refusing the earlier visa application.

As our readers are aware, no two cases are same, however, we at Murthy Immigration Services trust that if we pay attention to details we can certainly address the key issues that could have influenced a refusal and maximize possibility of a successful re-application.