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  1. #1
    Join Date
    Aug 2011
    Location
    London
    Posts
    3

    Default Applying for F-1 After B1/2 Visa Cancelled

    I have been living and studying outside of my country of citizenship for the last 7 years and have now graduated, however I wish to further my study, to a masters level, in the US. I have been offered a dream learning opportunity in the US and would like to chase that opportunity.
    Are the chances of over-turning section 214(b) improved if I was to return to my home country and apply for an F-1 visa from there? Is it related to jurisdiction issues?

    I have traveled to the US on many occasions over the last 6 years (at least 6 times, each for about 2 weeks or less). Earlier in the year my B1/B2 visa was cancelled at POE because I wished to pursue university level studies in the US at a future date and my visa class was not fit for my intended purpose. Will this entry denial potentially cause some serious issues if I apply for F-1? And is there any paperwork I need to complete before I am able to re-apply as F-1? ( I withdrew my application for admission and was advised to re-apply for a different visa)

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Applying for F-1 After B1/2 Visa Cancelled

    Any revocation of a visa can potentially cause problems when you later apply for a visa. Based upon your description of what happened, assuming the USCIS accepts your intent to leave at the end of your program, I would not expect it to prevent the grant of a F1 visa.

    Under INA Sec. 214(b) you should expect that the USCIS is going to want you to be able to demonstrate strong ties to your nation of residence indicating that you will return home, as promised, upon completion of your studies; that is, evidence that you have a residence abroad you have no intention of abandoning, and have ties abroad (e.g., a job, a house, a family, financial accounts, etc.) that would compel you to leave the U.S. at the end of the temporary stay. A 214(b) determination is not permanent, and can be reconsidered upon the presentation of additional evidence of ties to the foreign nation.

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