Rejection at the US border


Jump to Page:
< Previous  [ 1 ]    Next >




htctracy   
Member since: Aug 13
Posts: 2
Location:

Post ID: #PID Posted on: 31-08-13 17:42:45

We are Canadians. My son, 16 years old, is a ballet dancer. He was awarded a 2 full-year scholarship to go to a ballet school which does not issue I-20. From the very beginning, I was concerned, and constantly discussed with the school principal. We both could not figure out what kind of visa he would need.
First of all, he cannot apply a F1 visa since the school cannot issue I-20. It is not a school of SEVIS list.
Secondly, he does not need to apply for a travelling visa since Canadians do not need it.
Therefore, I had no idea what to do. By researching online, I still could not find further information.
Then, I called Homeland Security. They told me to call Customs, and Border Protection. I called CBP, and he helped by asking his colleagues about my son's case, because it is not common. At the end, he told me to ask the ballet school to issue an official letter showing the prove of the registration, and the length of the program. Along with the letter, We need to show valid Canadian passport.
We followed CBP instructions, but still were sent back to Canada. The CBP border office said he needed a visa. It is so confusing...
Why I was given different information???
Help, please.
Thanks.



Full House   
Member since: Oct 12
Posts: 2677
Location:

Post ID: #PID Posted on: 01-09-13 02:16:07

Quote:
Originally posted by htctracy

We are Canadians. My son, 16 years old, is a ballet dancer. He was awarded a 2 full-year scholarship to go to a ballet school which does not issue I-20. From the very beginning, I was concerned, and constantly discussed with the school principal. We both could not figure out what kind of visa he would need.
First of all, he cannot apply a F1 visa since the school cannot issue I-20. It is not a school of SEVIS list.
Secondly, he does not need to apply for a travelling visa since Canadians do not need it.
Therefore, I had no idea what to do. By researching online, I still could not find further information.
Then, I called Homeland Security. They told me to call Customs, and Border Protection. I called CBP, and he helped by asking his colleagues about my son's case, because it is not common. At the end, he told me to ask the ballet school to issue an official letter showing the prove of the registration, and the length of the program. Along with the letter, We need to show valid Canadian passport.
We followed CBP instructions, but still were sent back to Canada. The CBP border office said he needed a visa. It is so confusing...
Why I was given different information???
Help, please.
Thanks.


-----------

This late in his admission into the Ballet School, you should approach some legal source and get him into US, soon.

Here is a small article that I came across. Plese see if it helps. Read through the same anyway.

"

Many students who visit US Embassies report varying outcomes from their Student Visa Interview. On a given day, in the same embassy, two persons, one with a solid financial structure, the other with some contrived documents, approach the same counselor seeking a student visa. The well grounded person is denied, but the imposter gets a five-year student visa.

It happens all the time and everywhere. Why? It is an inexact science. The counselor is making a subjective decision based on some cues that he is trained to observe. It is those subjective nuances that can affect your outcome, and we will attempt to address them here.

The student visa interview is two human beings interacting with each other face to face. Therefore, human factors will intervene regardless of the presence or absence of objective criteria. So how do you combat that? Simple, apply what you know about basic human behavior. Use your interpersonal skills to your advantage.
How You Look at the Student Visa Interview…

First thing is appearance. Dress neatly but not in a pretentious fashion. Don’t wear too much makeup; don’t wear an earring if you are male; don’t wear large or multiple earrings if you are female; don’t have an exotic hairstyle; don’t use artificial hair color if that is obvious; don’t chew gum; don’t wear revealing clothing. These are just some of the obvious things that can hurt your case. What are the positives?
How You Say, What You Say at the Student Visa Interview…

Speak clearly! If you have an accent or are not 100% comfortable in English, speak slowly. Answer questions politely in short sentences. Add information for clarification but do not argue. If things appear to be going badly, then listen to the counselor’s concerns.

It is better to address those concerns and return a few days later, rather than get an outright visa denial from trying to argue. If he is expressing doubts, unless you have the items that can clarify or satisfy his doubt, you are better advised to return another day better armed. Often, you will get that chance to correct the problem without paying another fee.

Likability is the key. If the officer conducting the student visa interview likes you, there is a greater chance he will give you a positive result. Smile, be pleasant, explain yourself clearly, provide answers in a non-combative tone, and be ready to think quickly on your feet.
The 214 B Reality and the Student Visa Interview…

Section 214(b) is part of the Immigration and Nationality Act (INA). It states:

Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a non immigrant status…

Normally if you are denied a Student Visa the consular officer might say something like:

“Your student visa application is refused. You are not qualified under Section 214(b) of the Immigration and Nationality Act.”

The 214 B reality is there. You might have to answer some hypothetical questions about your intentions that could get you in trouble. Remember the burden of proof that you must withstand and answer those questions to the best of your ability in that light.

If you are really an intended immigrant or plans to remain in the USA, then legally you do not qualify for a student visa. The reality is that a significant percentage of prospective international students, particularly from the developing world are in fact intended immigrants–meaning they have no intentions of returning home after their studies. Most counselors and their bosses know this.

Telling the truth would not per se disqualify you from getting the visa if everything else is in order, especially if your proposed field of study is something that will benefit the USA. So in reality, even the 214B burden might be overcome with an honest answer.

If you are really an intended immigrant or plan to remain in the USA, then legally you do not qualify for a student visa.

The key issue remaining to be resolved is whether or not you are a legitimate student likely to complete this degree in the time frame allowed? If yes, and if the funding is sufficient, the visa will likely be granted! Then you are on your way to Studying in America.

Many perceive this topic of Student Visa Interview to be complex because of rumors and anecdotes that are in circulation. But as you can see following the three sections above that this topic is not actually complex. Never buy into rumors and hearsay. When in doubt use your best judgment based on facts you have gathered from reputable sources.
- See more at: "
http://www.myamericandegree.com/student-visa/student-visa-interview-how-to-get-the-us-consulate-on-your-side/#sthash.txLgkOs5.dpuf


FH.



Gurram   
Member since: Jan 08
Posts: 1002
Location: Toronto

Post ID: #PID Posted on: 01-09-13 12:16:08

htctracy:

Very simple thing here.
A Canadian can visit US ...
But work or study different things needed.
To study your son needs student status. To get a student status, the institution should be listed.



Full House   
Member since: Oct 12
Posts: 2677
Location:

Post ID: #PID Posted on: 01-09-13 14:06:54

[quote


The Ballet School might have a Registration. That does not mean that they are listed with (their) U.S. Government as a Participating School in the SEVP or SEVIS program. That involves Reporting and Accountability.

The U.S.Government, on one hand, can say that anyone who undertakes Higher Education there can stay and work within, after completion of their studies and the I.O who is approving the admission must take into consideration that the student who is completing the course will leave the country after his studies and not take a job from one of their own Citizens. It is a Catch22 system and the Immigration Officer has the right to decide which ever way he pleases on a day.

Please read through these materials provided here under.

J1 VISA : http://j1visa.state.gov/participants/how-to-apply/about-ds-2019/

Designated Sponsor Organizations :

http://j1visa.state.gov/participants/how-to-apply/sponsor-search/?program=Trainee

Secondary School Student :

http://j1visa.state.gov/participants/how-to-apply/sponsor-search/?program=Secondary%20School%20Student





Reading materials.: http://www.hoststudents.org/

http://studyinthestates.dhs.gov/

http://ope.ed.gov/accreditation/FAQAccr.aspx

http://travel.state.gov/visa/temp/types/types_1268.html



Good Luck.





FH.





htctracy   
Member since: Aug 13
Posts: 2
Location:

Post ID: #PID Posted on: 01-09-13 14:18:09

It looks like my son may not be able to go the ballet school since the school cannot issue I-20 or DS-2019. It is very sad...
Thank you for the information.





Jump to Page: < Previous  [ 1 ]    Next >

Discussions similar to: Rejection at the US border

Topic Forum Views Replies
Preparation to school
Life 1538 0
my concern
Moving Soon 2338 4
worried about my child ( 1 2 )
Study 5363 8
Admission in Elementary school
Study 2176 3
Go to school
Have Fun! 1606 3
SOS frm a soon to be New Desi (hopefully) with a dilemma
Study 1567 3
area with "best" school board in ontario for boys in grade 8 and 10
Study 2074 3
School Test
Citizenship 1993 1
with usa student visa rejection,can apply for canada student visa?
Student Visa 5650 6
Question
USA and other countries 1406 0
Visa transfer from H4 to F1 - Canadian Citizen
Ask Immigration Expert 1618 0
Work Permit/Study Permit/School Fees
Ask Immigration Expert 1455 1
If the school is not good....
Our Native Country! 2081 1
US F1 visa - visiting canada
USA 2392 6
Looking for School bus near square one area.
Study 1890 2
School beginning Sept 2009
Study 2213 6
School Bus Gaurantee??
Study 1823 0
Catholic School or Public School ( 1 2 )
Study 3208 8
Admission for a non-catholic child to a catholic school ( 1 2 3 4 )
Study 13690 25
Will Canadians Need a Visa to travel to USA ?
USA 1159 1
Good ICCRC AGENT in India(URGENT)
Ask Immigration Expert 3187 4
Rejection at the US border
USA 1876 4
How to go school without school transport ! ( 1 2 3 4 )
Ask Immigration Expert 3713 21
schooling in Vancouver
Relocation 4017 3
 


Share:
















Advertise Contact Us Privacy Policy and Terms of Usage FAQ
Canadian Desi
© 2001 Marg eSolutions


Site designed, developed and maintained by Marg eSolutions Inc.