Officer did not find me qualified for F1 visa

[frequentvisitor2usa]

I just became permanent resident of Canada and next day to it my appointment for F1 visa was scheduled. I had everything like I-20 and more than sufficient funds for studies sponsored by my parents. The immigration officer was so surprised at my situation and was not able to believe me. I already hold a visitor visa for US and I have travelled frequently and never over stayed there. While I was there last time for 5 months from Aug 2014 to Dec 2014 I found a college near my parents house and got all the paper work from there and I came back to Canada to get F1 visa. I could have changed my status there from visitor to student but i knew it would be more risky, therefore I came back to Canada to make it for legitimate. But ignoring my previous good record of no violation of visitor visa, the officer said that she do not see me qualified for F1 visa without explaining any specific reason.
She was surprised about how my whole family is in US and I am not. I explained her that when my mom and brother immigrated to US in 2007, I was over 21 years and was not qualified. Therefore I came to Canada to study here, after studying here I worked and gained PR status recently. While I was on work permit after completing my associates degree I applied for visitor visa and it was approved. I simply do not understand why my F1 visa was refused under 214(B).

If i had intentions to remain in US i would not have came back after entering as a visitor.
To maintain my PR status in Canada I must stay in Canada for any 2 years during the period of every 5 years.
I cannot believe how an immigration officer can make this decision.

I have rescheduled the appointment for 13 jan now because my orientation is on 15 Jan and deadline to be at school on my i-20 is 20 jan.

Could anyone please help me by advising what should i explain to officer this time. also give me feed back on my recent refusal case.

Regards.

[frequentvisitor2usa]

can some one please help

[rayb]

From what you have described below, it seems that the officer viewed your student visa application as an attempt to overcome the longer wait for a family-based immigrant visa. You need to have a different officer for your next interview and stress your intention to return to Canada or elsewhere when school is complete.

--Ray B

I just became permanent resident of Canada and next day to it my appointment for F1 visa was scheduled. I had everything like I-20 and more than sufficient funds for studies sponsored by my parents. The immigration officer was so surprised at my situation and was not able to believe me. I already hold a visitor visa for US and I have travelled frequently and never over stayed there. While I was there last time for 5 months from Aug 2014 to Dec 2014 I found a college near my parents house and got all the paper work from there and I came back to Canada to get F1 visa. I could have changed my status there from visitor to student but i knew it would be more risky, therefore I came back to Canada to make it for legitimate. But ignoring my previous good record of no violation of visitor visa, the officer said that she do not see me qualified for F1 visa without explaining any specific reason.
She was surprised about how my whole family is in US and I am not. I explained her that when my mom and brother immigrated to US in 2007, I was over 21 years and was not qualified. Therefore I came to Canada to study here, after studying here I worked and gained PR status recently. While I was on work permit after completing my associates degree I applied for visitor visa and it was approved. I simply do not understand why my F1 visa was refused under 214(B).

If i had intentions to remain in US i would not have came back after entering as a visitor.
To maintain my PR status in Canada I must stay in Canada for any 2 years during the period of every 5 years.
I cannot believe how an immigration officer can make this decision.

I have rescheduled the appointment for 13 jan now because my orientation is on 15 Jan and deadline to be at school on my i-20 is 20 jan.

Could anyone please help me by advising what should i explain to officer this time. also give me feed back on my recent refusal case.

Regards.

[frequentvisitor2usa]

From what you have described below, it seems that the officer viewed your student visa application as an attempt to overcome the longer wait for a family-based immigrant visa. You need to have a different officer for your next interview and stress your intention to return to Canada or elsewhere when school is complete.

--Ray B

thank you so much for reply. There has not been any family based petition filed for me by my family.
Can I bring this to the officer's attention that I have been traveling to US and never over stayed and never violated any terms. Also there is no family petition filed for me by my family and also in order to keep my Canadian PR I must live in Canada for 2 years in period of 5 years.

Can I explain the officer the above even the officer does not ask me anything to clarify?

[rayb]

Absolutely, you have a good basis for your student visa application, in regards to overcoming any concerns about prior "intent to immigrate."

--Ray B

thank you so much for reply. There has not been any family based petition filed for me by my family.
Can I bring this to the officer's attention that I have been traveling to US and never over stayed and never violated any terms. Also there is no family petition filed for me by my family and also in order to keep my Canadian PR I must live in Canada for 2 years in period of 5 years.

Can I explain the officer the above even the officer does not ask me anything to clarify?

[frequentvisitor2usa]

Absolutely, you have a good basis for your student visa application, in regards to overcoming any concerns about prior "intent to immigrate."

--Ray B

tried 2nd time today and explained all those things and the new visa officer said unfortunately she have to agree with previous visa officer for not issuing visa. MAIN REASON was that I just became Canadian PR.
any feedback?

[rayb]

Whether you agree or like the two officers' rejections, you can't argue with decisions that were the same on two separate occasions by immigration officers.

--Ray B

tried twice today and explained all those things and the new visa officer said unfortunately she have to agree with previous visa officer for not issuing visa. MAIN REASON was that I just became Canadian PR.
any feedback?

[frequentvisitor2usa]

Whether you agree or like the two officers' rejections, you can't argue with decisions that were the same on two separate occasions by immigration officers.

--Ray B

would you recommend a third attempt at different embassy? i went to toronto embassy and now i am thinking to go to Ottawa since they have next day appointment available.

[rayb]

I understand, from a recent experience in Brazil, that going to a different U.S. Consulate in the same country is likely to show any documented and denied nonimmigrant visa attempts.

Still, trying anything legal is justified for your situation.

--Ray B

would you recommend a third attempt at different embassy? i went to toronto embassy and now i am thinking to go to Ottawa since they have next day appointment available.

[Ideal sol]

Is your b2 still valid or canceled?

[frequentvisitor2usa]

Is your b2 still valid or canceled?

it is still valid for next 7 years.
plus on my 3rd attempt I was again unsuccessful to obtain F1 visa.

Many different reasons told by officer after I asked:

I already have an associates degree (called diploma in Canada) in Digital Media and I am going for another diploma in Business.
My family lives in USA
I do not have sufficient funds??? ( no body told me this before) They did not bother to look at my bank statements which shows more than enough balance.
Ignoring the facts that I have always came back to Canada after visiting my family and knowing that I do not have any immigration petition pending they refuse me by saying I do not have strong ties.

So ridiculous.

[pr42]

F1 refused under 214b (confused by their reasons)

I had B2 visa on which I travelled to US and stayed there for 5 months. Travelled quite a lot as US is a big country. I came back in Jan and applied to universities. I got admit, I20 etc. I applied for F1 visa. They rejected me saying "why I was there for 5 months?". I said I travelled. I said I came back in a timely fashion since the my passport said I could stay for 6 months. They said 5 months is too long. I was speechless and confused. If 5 month is too long then why did you stamp it for 6 months. They refused F1 visa and wrote CWOP on my B2 visa.
I plan to apply again as my Masters Program is soon going start. Please help. How else can I convince them?