British Expats

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-   US Immigration, Citizenship and Visas (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/)
-   -   F-1 visa denial: 214b as reason given. (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/f-1-visa-denial-214b-reason-given-924124/)

Kim50 Apr 13th 2019 12:04 pm

F-1 visa denial: 214b as reason given.
 
I have been reading some of the forum posts regarding my issue and wondered if anyone can offer some advice please?

I have long time friends in the US and have decided to study (in the US) to become an RN, it seems they are in much of a need for them as the UK is. I applied for a career break from my current job and have been putting everything in place to ensure I have the funds to pay for college, car, living expenses for the next 2.5 years. Once I graduate, I would be looking for work as an RN near to where my friends live. I did have an interview last September with a hospital who offered me a job as a CNA (certified nursing assistant) but the DHS would not grant a visa for anything less than an RN. The hospital did say they would be happy to offer me an RN position once qualified.

I visited the London embassy yesterday and they denied my student visa, giving me the 214b reason. Thinking about it now, I probably opened my mouth and gave them far too much info (house up for sale), didn’t demonstrate that I have strong ties to return to England, I have parents in Cornwall, brother and nieces and a nephew etc so I would be returning to visit.

My question is: Do I apply again? What is the likelihood of being denied as it would be so soon after the first application, do I look desperate to them? I’m trying to do this the correct way, get the proper qualifications, apply for the RN position once qualified etc, have sufficient funds to pay for myself but it seems my life decision is in their hands and there’s nothing I can do to change that. I definitely don’t want to overstay or marry an American just to get there, I want to do it properly if I can. The officer on the desk didn’t even look at my documents, he fired questions at me, didn’t like the answers and rejected the visa. I saw that he also rejected the two people before me, it was a Friday at 12pm, maybe he hadn’t fulfilled his quota of that week’s rejections?!

Any advice would be appreciated, thanks for reading.

civilservant Apr 13th 2019 12:33 pm

Re: F-1 visa denial: 214b as reason given.
 
I'm not surprised you were rejected. By your own admission your intention is to study, then eventually land a job in the US, and your house is up for sale. 'Having family in the UK' is not strong ties at all, so what exactly will make you return to the UK at the end of your studies?

Any further application will lead to a further denial unless your circumstances have changed significantly, and now you have also lost your ESTA access to the US because of the visa denial.

I wish people would take the time to ask before they do these things.


The officer on the desk didn’t even look at my documents, he fired questions at me, didn’t like the answers and rejected the visa. I saw that he also rejected the two people before me, it was a Friday at 12pm, maybe he hadn’t fulfilled his quota of that week’s rejections?!
They aren't required to, and no, they don't have rejection quotas.

Lest you forget, the purpose of the officer is not to be on your side, it's to keep non USCs out of the US.

christmasoompa Apr 13th 2019 12:40 pm

Re: F-1 visa denial: 214b as reason given.
 
Given how tough it is to get a visa as a nurse, if your plan is to move to the US permanently, I'm not sure it's the best plan tbh. Chances are you'll spend a ton of money studying there and then have to return to the UK surely? If you actually want to studying nursing in the US then great, but I wouldn't use it as a stepping stone to move when other routes are likely to be more successful.

Kim50 Apr 13th 2019 1:44 pm

Re: F-1 visa denial: 214b as reason given.
 
I didn’t know my ESTA would now be affected too..... I honestly thought I was going the right way about it. I realise the officer’s job is to keep potential illegals out of the US but I don’t want to be an illegal immigrant, I want to do it the right way!

So I may as well give up the plan then? Incidentally, what are strong ties if family isn’t sufficient?! Cars and houses can be sold via the internet, I wouldn’t have thought that would demonstrate a strong link to return?

Christmasoompa - what other routes (apart from marriage!) would there be that would be more successful?

Hotscot Apr 13th 2019 2:18 pm

Re: F-1 visa denial: 214b as reason given.
 
https://britishexpats.com/wiki/Pulas...rk_in_the_USA_

scrubbedexpat099 Apr 13th 2019 2:45 pm

Re: F-1 visa denial: 214b as reason given.
 
What visa were you looking to get as a RN?

I am also not surprised as the whole situation looks odd, do you have Medical Qualifications in the UK?

You have to update ESTA with your refused visa and see if you are still eligible to use the VWP.

Kim50 Apr 13th 2019 3:24 pm

Re: F-1 visa denial: 214b as reason given.
 

Originally Posted by Boiler (Post 12670154)
What visa were you looking to get as a RN?

I am also not surprised as the whole situation looks odd, do you have Medical Qualifications in the UK?

You have to update ESTA with your refused visa and see if you are still eligible to use the VWP.

No I don’t,I am in an emergency service but not nursing. The plan was to study and graduate as an RN, then the hospital where I take my studies have offered to take me on as an RN. I assume that would be the H-1B visa?

I just checked my ESTA status and it’s still as normal but I will see if I can update it.

Hotscot Apr 13th 2019 3:36 pm

Re: F-1 visa denial: 214b as reason given.
 
Did the hospital offer to get you a visa?

civilservant Apr 13th 2019 3:46 pm

Re: F-1 visa denial: 214b as reason given.
 

Originally Posted by Kim50 (Post 12670168)
I just checked my ESTA status and it’s still as normal but I will see if I can update it.

You are now required to apply for a new ESTA, declaring the visa denial. I can almost guarantee it will be refused, and you shouldn't apply for a B2 because again, you don't have strong ties to the UK.

Most people don't realize that if they apply for a visa and are refused that that is likely their VWP travel gone too for 6-12 months.


​​​​​​Incidentally, what are strong ties if family isn’t sufficient?! Cars and houses can be sold via the internet, I wouldn’t have thought that would demonstrate a strong link to return?
A job, children, ownership of a house that isn't on the market. It's the entirety of circumstances, not just one thing.

scrubbedexpat099 Apr 13th 2019 3:48 pm

Re: F-1 visa denial: 214b as reason given.
 

Originally Posted by Kim50 (Post 12670168)


No I don’t,I am in an emergency service but not nursing. The plan was to study and graduate as an RN, then the hospital where I take my studies have offered to take me on as an RN. I assume that would be the H-1B visa?

I just checked my ESTA status and it’s still as normal but I will see if I can update it.

To be honest ot sounds like the Consulate did you a MAJOR favour.

Most unusual for a Nurse to qualify for a H1b. Sounds like you have not asked them if they would sponsor you, mind you this many years out I am not sure if it would be of value.

ESTA will not change if you have not updated it.


shiversaint Apr 14th 2019 1:45 am

Re: F-1 visa denial: 214b as reason given.
 

Originally Posted by Boiler (Post 12670183)
To be honest ot sounds like the Consulate did you a MAJOR favour.

Most unusual for a Nurse to qualify for a H1b. Sounds like you have not asked them if they would sponsor you, mind you this many years out I am not sure if it would be of value.

ESTA will not change if you have not updated it.

Agreed.

I think you were dangled a carrot that probably would have never materialized when it gets down to it, OP.

Putting your house up for sale was probably what did it - that's very indicative of someone giving up on the UK.

AdobePinon Apr 14th 2019 1:49 am

Re: F-1 visa denial: 214b as reason given.
 

Originally Posted by Kim50
I don’t want to be an illegal immigrant, I want to do it the right way!

The F-1 is a non-immigrant visa - talking about immigrating would likely not go over well.

sun_burn Apr 14th 2019 8:16 pm

Re: F-1 visa denial: 214b as reason given.
 

Originally Posted by Kim50 (Post 12670130)
I didn’t know my ESTA would now be affected too..... I honestly thought I was going the right way about it. I realise the officer’s job is to keep potential illegals out of the US but I don’t want to be an illegal immigrant, I want to do it the right way!

So I may as well give up the plan then? Incidentally, what are strong ties if family isn’t sufficient?! Cars and houses can be sold via the internet, I wouldn’t have thought that would demonstrate a strong link to return?

Christmasoompa - what other routes (apart from marriage!) would there be that would be more successful?

It’s not that houses aren’t a strong tie. The problem is that you revealed too much information about your future plans that jeopardized your visa . F-1 is a non immigrant visa category, and unlike some other categories like H1, does not permit dual intent .

Unfortunately, your denial is entirely valid since you indicated plans to work/settle in US. It has nothing to do with quotas. The first rule of applying for a non immigrant visa is that you do not indicate any immigrant intent . This applies both to US and UK immigration . Despite now being a citizen of both countries now, I know this firsthand dealing with immigration of both too (long story).

With the note in your application record indicating your future plans, there’s probably no way to pursue them in the near or foreseeable future . As you said, houses and cars can be sold, if purchased again . Unlike a 221g RFE, it’s really hard to get around a 214b denial, short of substantial changes to your present circumstances and your US visit intentions. Trying once again in the near future will make things worse - it’ll indicate desperation.

Kim50 Apr 15th 2019 3:44 pm

Re: F-1 visa denial: 214b as reason given.
 
Thanks sun burn, that was a very useful reply � ����� ����. His first question was “Why have you visited the same place so much?” I told him it was to visit friends and he said “What friends? How long have you known them, where did you meet?” I told him the truth, met in Mexico 7 years ago and they have a farm which I visit. He looked like he didn’t believe me straight away and once he said “So you expect me to believe that you’re going to pack up your life for 2.5 years to study at a little college in the middle of nowhere at your age?” I knew it was all over.

You don’t think there would be any point to trying again in April next year for Fall semester 2020? And what would be ‘substantial changes’ that would grant me a previously refused visa?!

Pulaski Apr 15th 2019 3:57 pm

Re: F-1 visa denial: 214b as reason given.
 

Originally Posted by Kim50 (Post 12671237)
… You don’t think there would be any point to trying again in April next year for Fall semester 2020? And what would be ‘substantial changes’ that would grant me a previously refused visa?!

I would say that there is a very low probability of success - the more you apply the more desperate you look, and if there is one thing that thwarts a US visa application, it is "desperation", well other than being a known terrorist! :lol:

If you want to be a nurse in the US I think a more likely route for you now, given your visa issues, would be to qualify in the UK then follow the "agency route", which, per posts here on BE seems to be a fairly successful route at the moment if you are determined to make the leap to the US.


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