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  1. #1
    Join Date
    Mar 2009
    Posts
    1

    Default Permanent Rejection of F1 VISA

    Hi,
    I applied for US F1 student VISA in China and the Consular Post rejected my application under 212(a)(3)(A)(1) of the INA. After received the rejection inform, I asked the Consulate whether I would receive the F1 VISA by re-application. The Officer told me that I can apply again but the rejection decision will not change.
    I am a Master student of no working experiences. My Master Thesis’s subject is a kind of material which is used in the engine of airplanes. The future research subject of my graduate study in US university is nanomaterials, which have been defined as sensitive technologies by the US government. As a student, I never committed any crime or being involved in any unlawful activities like Sabotage or Espionage. This is really not fair for the Consular Post has given me this permanent rejection.
    Is there any chances for me to appeal to make the consulate change their decisions? If so, which department of the US government I need to contact? Could you please give me some suggestion for my current situation?
    Thanks!

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

    Default Re: Permanent Rejection of F1 VISA

    Quote Quoting INA 212(a)(3)(A)(1)
    (a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
    (3) Security and related grounds.-
    (A) In general.-Any alien who a consular officer or the Attorney General knows, or has reasonable ground to believe, seeks to enter the United States to engage solely, principally, or incidentally in-
    (i) any activity (I) to violate any law of the United States relating to espionage or sabotage or (II) to violate or evade any law prohibiting the export from the United States of goods, technology, or sensitive information, ... , is inadmissible.
    Unfortunately, we're completely unable to evaluate the facts of this case, or to know what ICE thinks it knows about you and your activities. Even if you employ an immigration lawyer, this is national security stuff - you may get stonewalled.

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