F-1 visa application denied, want to try again

[cageycruz]

A friend of mine in Russia wants to come to California for college. The college accepted his application and he obtained full financial support. They issued I-20 and he went to the interview. His F-1 application was immediately declined. The letter read "you were not able to demonstrate that your intended activities in the United States would be consistent with the classification of the nonimmigrant visa for which you applied."

He wants to try again for the following academic semester. The college extended his acceptance and issued a new I-20. What does he need to provide or demonstrate for the application to be approved?

 

[HighwayMan]

"In the United States, the F visas are a type of non-immigrant student visa that allows foreigners to pursue education in the United States. F-1 students must maintain a full course of study. F-1 visas are only issued in U.S. embassies and consulates outside the United States, although extensions of stay and changes of status may be possible within the United States. Prospective F-1 students must apply at the schools and receive a form I-20 in order to apply for an F-1 visa. F-1 students must show that they are able to support themselves during their stay in the U.S., as their opportunities for legal employment are quite limited. F-2 visas are given to dependents of an F-1 student. F-2 visa-holders are prohibited from any form of compensated employment. However, minor children may attend public schools. Finally, the F-3 visa is issued to Canadians and Mexicans who commute across the border to attend American schools."

 

[not2cleverRed]

A friend of mine in Russia wants to come to California for college. The college accepted his application and he obtained full financial support. They issued I-20 and he went to the interview. His F-1 application was immediately declined. The letter read "you were not able to demonstrate that your intended activities in the United States would be consistent with the classification of the nonimmigrant visa for which you applied."

He wants to try again for the following academic semester. The college extended his acceptance and issued a new I-20. What does he need to provide or demonstrate for the application to be approved?

1) Would this be an accredited institution?
2) What is his major? Would he be a full time student?
3) What does he plan on doing with this degree when he returns to Russia?

I am going to assume that it's an accredited institution and that he has been accepted as a full time student in a real major.

I suspect that the sticking point is that his "intended activities" are more in line with that of an immigrant vs nonimmigrant - there is concern that he is not intending to be just a student. While one can come here on an F1 visa and upon graduation adjust your status if you find an employer to sponsor you (for OPT or H1b visas, for example), there can be no hint in the F1 application that one's plans include anything but returning to one's home country after graduation.

You friend has to be convincing that he is intending to go to CA to be primarily a student, nothing more. Any work has to be within the constrictions of the F1 visa. (For example, a paper grader, research asst, etc., not to exceed 20 hours/wk. Not acting or programming gigs off campus, or delivery pizzas.)

While Highwayman does have a point, those I have known who were had an issue getting an F1 for financial support reasons were told so explicitly.

 

[cageycruz]

1) Yes it is an accredited institution. Part of California State University system.
2) He would be an art major. Yes full time student.
3) Hopefully a job in graphic or product design with computer aided 3D modeling. A field not taught in Russia.

He has full support from the college and that was stated on the I-20 form.

 

[t74]

1) Yes it is an accredited institution. Part of California State University system.
2) He would be an art major. Yes full time student.
3) Hopefully a job in graphic or product design with computer aided 3D modeling. A field not taught in Russia.

He has full support from the college and that was stated on the I-20 form.

"Product design" does not sound like a career for an art major.

 

[cageycruz]

OK the use of "product design" was imprecise. We'll change it to "industrial design."

From Wikipedia:
Product design as a noun: the set of properties of an artifact, consisting of the discrete properties of the form (i.e., the aesthetics of the tangible good and/or service)
...
Product design is sometimes confused with (and certainly overlaps with) industrial design, and has recently become a broad term inclusive of service, software, and physical product design. Industrial design is concerned with bringing artistic form and usability, usually associated with craft design and ergonomics"

 

[HighwayMan]

Your friend should really be dealing with this himself, not by proxy.

 

[NeilTheCop]

If it was denied once it's likely it will be denied on a second attempt, and for the same reasons.
If your friends second application has been changed in a major way to circumnavigate the reasons for the first denial, Immigration will notice, as the first application will be on record and will be cross referenced.

 

[not2cleverRed]

If it was denied once it's likely it will be denied on a second attempt, and for the same reasons.
If your friends second application has been changed in a major way to circumnavigate the reasons for the first denial, Immigration will notice, as the first application will be on record and will be cross referenced.

The friend could do this by getting an internship in Russia (or, frankly, anywhere but the US) in an area related to his interests. He has to show that it is plausible that he will leave the US after graduation.

Showing that he has employment opportunities in Russia, and that education in the US would increase those opportunities in Russia, would accomplish this.

 

[cageycruz]

Thanks all for your responses so far.

My friend is reading this thread and I’m sure he will chime in if he has something to say. We were both so dumbfounded at the rejection and didn’t know what to do. I stumbled on this forum and it seems there are some people here knowledgeable about immigration issues. So I posted the question and told him to follow the discussion. So it’s not by proxy.

@not2cleverRed. Thanks for the internship suggestion. That might work.

 

[HighwayMan]

My friend is reading this thread and I’m sure he will chime in if he has something to say.

If he cares that much about it he would have registered himself and gotten involved by asking his questions directly.