rustyshackleford

Hi guys,

This is my first post so i would like to greet to you all.

I come to this forum due to having problems with obtaining a visa for the United States..their automated helpline has been absolutely useless not to mention expensive, and the Visa officers i have seen have been incredibly unhelpful. I will try to provide as much information as possible..

I'am partaking in a 4-6 month unpaid work experience scheme with an animal charity in the United States. I am receiving no payment, funding, or support ..my trip is entirely self funded. and essentially voluntary. The scheme is cleaning various enclosures of animals, learning training techniques, essentially work with captive, rescued animals. They also so work in the local community in order to educate.

Now..it gets dicey here because the scheme is referred to as an "internship" by this charity. However it is not in the traditional sense. I'am not part of an institution, School or fellowship or doing a masters.
It is solely to provide me more experience to come back the the UK and be able to find a job in my relevant field.

I had an interview at the Embassy which lasted all of ten minutes and i was stamped with a 221g form. The visa officer said that i had applied in the wrong category of visa and i needed to apply for one that allows internships. When i asked what Visa category I best fit into, she just said "I don't know that. you will have to go away and find that out yourself, and apply under the right category."

When i reviewed the categories again at home. There is not one that fits what I'am going to do any clearer. Internship categories such as J-1 require you to have School ID codes and references and sponsorship from your institutions of education..so i cant even apply for these.

After all this I felt that I should re-submit all my documents with a open letter explaining the situation and my case, with further documents including letters from the charity I'm going to indicating the fact that they are not supporting me financially what so ever and it is a voluntary program.

i also included this excerpt taken from their own website. -

If you are participating in a voluntary service program which benefits a U.S. local community, and you can establish that you are a member of, and have a commitment to, a particular recognized religious or nonprofit charitable organization, you may be eligible for a B-1 visa if the work performed is traditionally done by volunteer charity workers; you will receive no salary or remuneration from a U.S. source, other than an allowance or other reimbursement for expenses incidental to your stay in the United States; and you will not engage in the selling of articles and/or the solicitation and acceptance of donations.

A voluntary service program is an organized project conducted by a recognized religious or nonprofit charitable organization to provide assistance to the poor or the needy, or to further a religious or charitable cause.

If your proposed activities as a voluntary worker are not exactly as described, you will require either an exchange visitor (J-1) or temporary worker (H-2B) visa.

After a week of waiting my documents were sent back with another 221G with no name or signature of who looked at them just a sentence that said i must apply for a category that allows internships..

To me it seems they have seen the word internships and are just rejecting it on that basis. neither the officer in my interview, or i suspect the officer reading my documents has bothered to read any of the evidence i have provided..the documents were send in a plastic display folder which looked completely untampered with.

i was wondering if anyone has any sort of advice as to what to do as i just want to better myself in order to work in this country. Now i will possibly loose my place on this programme. If i cannot get this rectified.

Thank you so much to anyone who reads this or can help. !

x

Noorah101

Volunteering for a true volunteer organization is allowed on the VWP. Of course you can only stay less than 90 days, but it might be better than not going at all.

That said, now that you have 2 denied visas, you will have to declare those on ESTA, which could result in ESTA denial for some time, perhaps 6 - 12 months. But might be worth trying, you never know.

Rene

rustyshackleford

I wasn't sure what the ramifications of section 221g are..I was under the impression they are not a full refusal, more of a hold or processing type feature.. if they are full refusals i guess im truly in an awful spot and may have to resign to not going..

lansbury

This is what the Department of State web site says:- http://travel.state.gov/visa/frvi/de...ials_1361.html

Note they refer to it as a denial.

The question asked on the ESTA is "Have you ever been denied a US visa.............."

crg

They may be puzzled by your motivation as there must be animal shelters in your home country.

Are any of the participants in this program getting course credit? Is this organization tax exempt? Was that included in the package?

SanDiegogirl

Is your charity a recognised organisation? What you are intending to do might not come under the description of nonprofit charitable organization to provide assistance to the poor or the needy, or to further a religious or charitable cause.

Also do you also have the qualifications for an internship:

Internship programs are designed to allow foreign college and university students or recent graduates to come to the United States to gain exposure to U.S. culture and to receive hands-on experience in U.S. business practices in their chosen occupational field.



I realise that people coming to do soccer courses can also get a J-1, but do you have the necessary attributes to qualify for a J-1?

ian-mstm

There are only two possible outcomes from a visa application: approval or denial. Anything that is not an approval, is a denial. End of story.

Ian

rustyshackleford

hey guys,

thanks for replying


The Organisation is - 501(c)(3) nonprofit organization and all contributions are tax deductible as allowed by law.

It is a completely voluntary program. Working for captive exotic species - rescued from laboratories, circuses and former movie and show animals.

There is not a sanctuary on such a large scale, With this kind of long stay program in the United Kingdom. if there was I would be doing it... i did say that to the VO at interview.. but i could tell she had no interest in what i had to say.

SanDiegogirl -

My background comes from working within the Zoological community, In several zoos within the UK. I have no qualifications, i started as a volunteer and worked my way into this area of work. i have a history of four + years of volunteering had they looked at any of the documents I've provided. This is why applied for this category as i do not have qualifications nor belong to any educational institution to apply for J-1 or work related visa category.

My only purpose of this trip is to gain more experience to come back to the UK and make better for myself - able to get a Job.

The future is looking very bleak here..Im very concerned im going to have to cancel the whole trip. It seems these denials are going to cause a big problem for me. and im not sure the Charity i have applied in the USA can do much to help me at this point.

sad times..

ian-mstm

Apply for ESTA and declare the visa denials. If ESTA is subsequently approved... go, and enjoy the time you have, whether you complete the program or not. It'll be more experience than you currently have. If ESTA is not approved, you've lost nothing but the application fee. Do it today.


They can't do anything... they have no influence with US immigration.

Ian

rustyshackleford

thanks for all the info guys..ive looked into applying though the J-1 visa category and filled in all the applications tonight. saved it all and now at the SEVIS screen now.

Am i right in saying as an Exchange visitor, and intern (being that the intern category is one they say i must be applying under) i can do this through SEVIS also? it looks as if it costs a bit more cash with more fees and such.. but is this a possibility? if the charity sponsoring me on under a J-1? thus doing as the embassy wishes.

although of course, you never know their decision will b..but its at least what they have said they require?

thanks very much for everyones help.

ian-mstm

You still have to declare the two visa denials.

In all honesty, I doubt this will work. Why? Because this will be your 3rd visa application in a very short time period... and that'll raise several red flags. To US immigration, it will seem as though you are desperate to get to the US... and they won't like that.

When you are desperate, you tend to make very poor decisions. I honestly think you are making a very poor decision!


With respect, you have no way of knowing whether or not the person at the US Consular Service was giving you accurate information. Maybe they did... maybe they didn't. The US Supreme Court has upheld that you can not take, as accurate, anything said to you by a US government employee. If you received inaccurate information and you act on it, you're the one who will suffer the consequences. You still need to overcome the two previous visa denials. They're not going to go away even though you now believe you are following the correct process.

This is your 3rd visa application in a short period of time... your chances of success are extremely limited.

Ian

crg

The organization hosting the J-1 must be SEVIS approved or have people placed with them by other SEVIS participating entities.

scrubbedexpat099

An immigration lawyer might be an obvious point of call.

rustyshackleford

when i say filled application form i more meant to see what it asks to provide to assess it as an option. they are saveable for 30 days on the system and then they are deleted. i highly doubt i will file the application.

it looks like I'm stuffed really.

can an immigration lawyer do much for me at this point?

Noorah101

He might. You won't know until you consult with one.

Rene