B1 being denied entry. Can I still applying for F1 visa?

X

xiyang

New Member
Hi,

Mi girlfriend today attempted to enter the US with a tourist visa (being a Chinese Citizen). However, she was given a withdrawal of application I275 with 212(a)(7)(i)(I), but WITHOUT the fraud charge 212(a)(6) and without the 877 form. Her visa was not cancelled, but the CBP officer advised her against ever entering the US with the same visa.

Her situation is this: She intended to go to school on September this year(but the documents for that have not been released yet), but wanted to participate in a public class earlier from May to Aug. The class did not offer any degree and thus could not offer any visa, so she applied for a tourists visa instead.

CBP saw her luggage and became suspicious of the purpose of the trip. My girlfriend told them eventually about her plan for the class, and they denied her entry. However, looking at the posts on the internet, I think they were not to harsh on her given that the visa wasn't cancelled, and 212(a)(6) was not applied.

She is currently in China now after the incident, and we do realize that this was a stupid move. My question is, what are her chances of applying for a F1 visa for her September term this year? And how should she try to explain her situation for the future visa?
 
It depends on how strong her school application is and what she said during first interview. If she hid her intention or they believe she did that she would not get a visa.
It will be more difficult for her but if the school is reputable and her application is strong she might get it.
 
Hi, Thanks for your reply.

Could I add some followup question? What do you mean by first interview? Do you mean at the border entrance or the separate room that she was taken to later?
I think she was barely asked any questions in the first entrance and the CBP officer felt she had more luggage than needed for a short trip. She did initially upon entry say that the purpose of trip was travel, but in the second room she did tell them about her plans to take a night class. I think if the CBP officer thought she was lying they'd give her the Fraud and Misinterpretation on the I275? Or is that not necessarily the case?
Her school is a city college, which has many international students, but is not that strong I guess. But she did have a bachelor's degree from a Canadian University that's well known. So, if her school is not that reputable, what are some other ways to "strengthen her application"?

In any case, considering her situation, is it better to consult with a lawyer before attempting on the application?

Thanks so much!!!
 
What I mean by first interview is the interview of the B2 visa. Any communication with consulate officers, CBP etc. should be truthful and matching.

I do not think a lawyer would matter. They would not let lawyers in visa interviews and they would not have a say.

It's hard to predict outcome of visa interview. It depends on the interviewing officer, what they have in the system and the application. If the school doesn't make sense to go at this point of her career, since you said it's a community college after a bachelor's, it would be more difficult. If she would pursue master's or other graduate degree and gets accepted from a reputable university, she would have better chance IMO.

Best of luck.
 
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