F-1 Visa After Being Repatriated at the Airport

F-1 Visa After Being Repatriated at the Airport

When Mr. Wu entered the country, he was determined by CBP officials to have an immigrant tendency. He was repatriated on the original plane and his B1/B2 visa was cancelled. Finally, he regained his F-1 student visa to study in the United States.

In November 2014, the United States officially issued 10-year B1/B2 (business/tourism) visas to Chinese citizens to facilitate Chinese citizens to travel to the United States. However, having a visa does not guarantee entry, and you still need to go through the CBP every time, and you will not be able to enter the United States if there is a problem.

Tsang & Associates received some inquiries, all of which were repatriated by the original plane when entering the country and the B1/B2 visa was cancelled. If this happens, is there still a chance to re-apply for a visa to come to the United States?

Tsang & Associates started with the cancellation of an entry repatriation visa in 2017, and finally regained the F-1 student visa. Let us take you to know:

basic situation:
Applicant: Mr. Wu, 26 years old, worked in China for two years after graduating from a bachelor’s degree. He thought he still needed to go to the United States to study for a master’s degree. He actively studied English and finally applied to a well-known university in the eastern United States with his hard work;

Visa & US record: Obtained a 10-year B1/B2 visa in 2015, and went to the United States twice briefly; at the same time, he had an F-1 student visa to study in a language school in the United States. After graduation, he entered with a B1/B2 visa again in early 2017 Lamex was determined by CBP officials to have immigrant tendencies, so she was deported by the original plane and her B1/B2 visa was cancelled.

After returning to China, Mr. Wu was very sad. He put in a lot of hard work and was finally admitted by the school, but at this time he did not have any visa to go to the United States. Especially after this experience, is it possible to obtain a student visa?

Mr. Wu found Tsang & Associates on the Internet. After we understood his situation in detail and analyzed it, we believed that Mr. Wu still had a great chance to regain his F-1 student visa to study in the United States. Mr. Wu established a commission in April After that, we actively started the preparatory work.

Application difficulties:
1. There are many changes in the CBP records, some of which are completely different from the original records, such as the purpose of going to the United States, domestic address, whether there is a job, etc. It seems that Mr. Wu said before and after entering the country Reversal, self-contradictory, very unfavorable to the applicant;
2. Mr. Wu entered the country with B1/B2 and only booked a one-way ticket. He is not sure when he will return to China. He has a girlfriend in the United States, and his daily necessities and clothes are all in the United States;
3. In addition to the resume, graduation certificate and other materials, Mr. Wu carried with him a birth certificate , which is usually required for immigration;
4. Mr. Wu’s original company in China is very small and has resigned; he is single and lives in a different city with his parents, so the binding force for returning home is not strong;
5. Mr. Wu needs to go to the United States in mid-to-late July, but he only received the I-20 from the school in late June. It is not easy to make an appointment for an interview during the peak summer vacation. In case of failure, it is difficult to have time to do it again.

Keys to success:
1. Explain one by one the contents of the CBP records that are unfavorable to Mr. Wu, express what he originally wanted to express on behalf of Mr. Wu, clarify that Mr. Wu’s repatriation and visa cancellation were not intentional violations, and request the visa officer to give another chance;
2. Convince the visa officer that Mr. Wu has no “immigrant tendencies”, and emphasize from the aspects of Mr. Wu’s current job, future job opportunities, major of study, domestic parents’ family situation, etc. After successful completion, they must return to China for development;
3. Eligibility for a student visa: From Mr. Wu’s language ability (he has graduated from a language school and took TOEFL), school admission (a master’s program at a well-known eastern university), financial ability (Mr. Wu and his parents’ funds are fully enough to support him studies), the binding force of returning home (such as point 2)

Process and results:
1. Time is running out, we seized the time to prepare visa data and interview counseling for Mr. Wu. The first appointment in early July was canceled because the time was too late for the interview;
2. The appointment for another interview was scheduled until the end of July. Because we were worried that it would be too late for school registration, we helped Mr. Wu do an urgent interview;
3. In the end, Mr. Wu participated in the interview at the US Consulate in Guangzhou in early July. During the interview, VO paid attention to the problems that occurred at CBP and Mr. Wu’s domestic work situation;
4. After the interview, the consulate started administrative review. Fortunately, the review time was not long. Mr. Wu received the F-1 student visa on July 20!

Mr. Wu was very happy, and he finally felt relieved and was able to go to the United States for further studies as scheduled. Before Mr. Wu left for the United States, we also conducted immigration counseling and arrived in the United States successfully on July 24.

Lawyer Comments:
Chen Jie, a lawyer from Shanghai, has 12 years of experience in visas to the United States, from her own visa experience to different types of visa situations for various customers. In the event that the repatriation visa is cancelled, here are some suggestions:
1. First of all, the CBP transcript should be kept, which contains detailed dialogue records and the judgment of the immigration officer, so as to determine whether the next step is to re-visa, or to apply for an exemption first. If you act quickly, you can also ask a lawyer to ask CBP to revoke the original decision within 30 days of the occurrence.
2. If there is no need for waiver and you can apply for a new visa like Mr. Wu, then evaluate the possibility of re-applying, taking into account the type of visa, the purpose of going to the United States, and visa requirements. This situation is usually due to the determination of the tendency to immigrate. If the readjustment can be overcome, it is worth re-signing. If the temporary conditions are not mature, it is recommended to wait for the opportunity to sign again.
3. If exemption is required, it will be more difficult than re-signing. We have previously published an article dedicated to non-immigrant visa exemption “FAQs for Non-immigrant Waiver Processing”. There are many similarities between visa cancellation and rejection exemption.

In short, the cancellation or refusal of a visa is bothersome, in case you encounter it, don’t panic, please contact us as soon as possible.

*To protect customer privacy, customer names are pseudonyms.

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