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Dv 2009 - visa denied

S

saiom

New Member
Hello,
my visa was denied on the basis that i did not meet the education requirement- SECTION 212(a)(5)(A)- i completed 12 years of study with a certificate from the school,( but was told that, that did not prove i had completed 12 years of course)- i have work 3 years work experience as a travel consultant ( i did IATA), but did not help either.

My grades were not that good for the 12th year- but the requirements do not specify the number of passes needed to qualify for a visa.


Lawyer says that decision from the embassy is final and cannot be appealed -

ANY HELP?
 
Actually there are specific educational requirements that are spelled out in the 1NL. See below. Note this is specific to the Africa region, but I am guessing this is similar to other regions as well.

EDUCATION: Minimum Requirements
To qualify using education, you must have: " Graduated from Senior Secondary School and passed the WAECS/SSSCE with a minimum of 5 passes (including English and Math; a pass is a minimum of 'E'); and/or
•
Completed A-levels or O-levels; and/or
•
Earned an HND (Higher National Diplome); and/or
•
Received a University degree.
Click to expand...

Additionally there are specific requirements you need to meet to qualify base on occupation.

OCCUPATION: Minimum Requirements
To qualify based on your occupation:
•
You must work in an occupation that has received a score of 7 or higher according to the U.S. Department of Labor's classifications. A list of qualifying occupations is posted in the waiting room; please review the list before paying the visa fee. You can find a complete list of all occupations and their scores online at O*net Online: http://online.onetcenter.org. Scores are found by searching for an occupation, then looking at the "SVP Score" found in the "Job Zone" for each job.
•
You must have worked for at least two years in a qualifying job during the last five years AND completed at least two years of training to prepare you for work in that job. For example,if you worked as a Head Cook(a qualifying job) from 1995 to 1997, but have been working as a petty trader since 1997, you would not qualify.
Click to expand...
 
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saiom said:
Hello,
my visa was denied on the basis that i did not meet the education requirement- SECTION 212(a)(5)(A)- i completed 12 years of study with a certificate from the school,( but was told that, that did not prove i had completed 12 years of course)- i have work 3 years work experience as a travel consultant ( i did IATA), but did not help either.

My grades were not that good for the 12th year- but the requirements do not specify the number of passes needed to qualify for a visa.


Lawyer says that decision from the embassy is final and cannot be appealed -

ANY HELP?
Click to expand...

Where did the interview happened(city and country)?
What kind of education did you had?

I don't think travel consultant will qualified as one of the job that is qualified for the visa.

The lawyer that you spoke to is right, you can't appeal a decision from the Embassy. Even though you can, what would you do to make them change their mind?
 
you see.......the thing i've been telling and i know this because i've talked to the people from the embassy here : o-level will not do --- you need to complete a-levels...

that is 3 a-level subjects or 6 as- level subjects or a combination of a and as levels(where as level = 1/2 a level)
 
Does you work as a travel consultant show that in fact you work as a less qualified person than as if you had a school diploma?
What it the educational requirement for this job?
 
saiom,
If you can recall your interview, can you think of anything else that might have been a little off? Anything that made the officer doubt you? Was there anything in your application or the answers you gave that could have raise red flags? Sometimes the problem is something else other than what the officer says. If the officer has serious doubts about you or the info you provide then they will give you almost any reason for denying your application.

I am not saying that this applies to you but I once saw a man at the consulate that was trying to get a student visa to attend a college in the US. The problem was that the young man when asked could not remember simple things about his application or the purpose of his trip. He could not say which state he was going to or even the name of the university he was supposed to attend. He even had trouble explaining things that were written on his own visa application form but still claimed he completed the forms himself. All his paperwork might have been in order but his responses probably doomed his quest.
 
Consular officers are often very rude, condescending and intimidating and the entire facility feels like a high-security prison. I am not surprised some people are freaked out by that an can barely remember their own name. Consulates are supposed to represent this country to the world. They do an amazing terrible job at it.
 
darkhorse said:
you see.......the thing i've been telling and i know this because i've talked to the people from the embassy here : o-level will not do --- you need to complete a-levels...

that is 3 a-level subjects or 6 as- level subjects or a combination of a and as levels(where as level = 1/2 a level)
Click to expand...

darkhorse,what do you mean O-level won't do it?What about those countries which do not have A-levels?Means their people won't qualify under their schooling system?
 
I don't know to be honest -- but what i can tell you is ( in credit terms) o-level is equivalent to US Grade 11 -- that i can be sure of.

but i am just a lay man here and i don't wanna worry someone unnecessarily.

Best thing to do -- Call the embassy and ask -- They will tell you.
 
I can be totally wrong, but here is the thing..

9 FAM 42.33 N7 “HIGH SCHOOL EDUCATION
OR EQUIVALENT”
(CT:VISA-745; 06-09-2005)
The consular office shall adjudicate the applicant’s qualifications under this
requirement. In order to register for the DV program, the alien need not
prove that this requirement is met. The applicant must, however, meet this
requirement at the time of visa application.
9 FAM 42.33 N7.1 Definitions
(CT:VISA-910; 10-23-2007)
The Department’s interpretation of the term “high school education or its
equivalent” means successful completion of a:
(1) Twelve-year course of elementary and secondary study in the
United States; or
(2) Formal course of elementary and secondary education comparable
to completion of 12 years elementary or secondary education in the
United States. Because a United States high school education is
sufficient in itself to qualify a student to apply for college admission,
in order for a foreign education to be equivalent to a United States
education, it should be sufficient to allow a student to apply for
college admission without further education. Vocational degrees
that are not considered a basis for further academic study will not
be considered equivalent to United States high school education.
9 FAM 42.33 N7.2 Education Requirements
(CT:VISA-910; 10-23-2007)
We interpret the phrase “high school education or its equivalent” to apply
only to formal courses of study. Equivalency certificates (such as the
G.E.D.) are not acceptable. To qualify, an alien must have completed a 12-
year course of elementary and secondary education in the United States or a
comparable course of study in another country. Evidence might consist of a
certificate of completion equivalent to a United States diploma, school
transcripts, or other evidence issued by the person or organization
responsible for maintaining such records, which specify the completed
course of study.
9 FAM 42.33 N7.3 Education Evaluation
(CT:VISA-745; 06-09-2005)
In an effort to ensure worldwide uniform implementation of the education
requirements, the Department has provided posts with "Foreign Education
Credentials Required." This guidebook provides country specific information
on the types of educational certificates that would meet the definition of a
high school education or its equivalent. The guidebook does not offer
assistance in determining the authenticity of any particular document.
Interviewing officers will need to work with their Fraud Prevention officers
and develop their own expertise in making that determination. Interviewing
officers may wish to consult with other posts when in doubt about the
authenticity of educational certificates from countries outside their consular
district.


The thing is, according to the FAM ...your education must qualify you to enter college in the United States...And with o-level you can not apply to college....You need a-levels to enter or apply to college...

And a-level and o-level are not different things......a-level is just a continuation of o-level

And i'm sure that people from countries where there is no a-level will not be disqualified..

But according to my calculations, they need a year of education after their o-levels
 
Now you guys tell me something -- Have you ever seen someone from your country enter a college in the US after thier o-levels?
 
darkhorse said:
you see.......the thing i've been telling and i know this because i've talked to the people from the embassy here : o-level will not do --- you need to complete a-levels...

that is 3 a-level subjects or 6 as- level subjects or a combination of a and as levels(where as level = 1/2 a level)
Click to expand...

I know people who have used O'levels to get visa from DV2008
 
maybe i'm wrong then... but can someone apply to college after their o-levels?
 
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darkhorse said:
maybe i'm wrong then... but can someone apply to college after their o-levels?
Click to expand...

Yes my hubby did that,after his O-level he applied to college and got admitted.When they evaluated his school work(ECE)they found that he had some of the college work!!And that was just O-level,it really depends where you are from.
 
Hello saiom,

For the case of Kenya, I think the embassy will ask for KCSE or GCE A levels. You cannot join tertiary institutions with GCE O levels it is inadequate.

Sorry,I hope there is a way out of this.
 
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