F-1 Visa after B1 Denial

[Marko A.]

Dear Sirs,

I would like to apply for a Master of Science in Computer Science degree in the USA but because my B-1 (Tourist Visa) was denied back in 2010 I am afraid that now my F-1 Visa will be denied too. Here is a brief history of my travels to USA:

1. First time I traveled to USA as an exchange student on J-1 Visa and stayed for 4 months. This was back in 2001.

2. Second time I traveled to USA in 2004, again on J-1 visa. This time I could stay for 18 months to legally work in the USA but I returned home after 6 months as my employer didn't want to send me to the training (as it was required by the program) and just used me (and others) as a cheap work force.

3. Third time I traveled to USA for my MBA program and stayed there from 2007 to 2010. I graduated in 2009 and had an option to stay for OPT program for another year. However, because of financial crisis I (as well as other international students) couldn't find a real OPT job (besides volunteering for American Red Cross) so I returned to my home country early in 2010, again, some 6 months before my visa expiration.

4. Then, there was an option to apply for a one year working visa in Canada. As situation in my home country was (and still is) bad I applied for Canadian 1 year working visa in order to get some working experience there. In the same time my friend from USA informed me that she is getting married and invited me to her wedding. So, some 5 months upon my return from USA to Europe, I applied for a B-1 tourist visa to USA (for the first time in my life) as I thought that there would be no problem for me to get tourist visa because I always respected US laws, never overstayed or did anything wrong there. I was even a straight A student during my masters studies. But then I got a request from Canadian Embassy that, because I spent in the USA more than 6 months, I need to obtain a confirmation from the USA (FBI) that I didn't do anything wrong while I was there. I sent a request to FBI with my fingerprints and they sent me this confirmation back but only after 3 months. Because of the length of that process I didn't cancel my B-1 visa appointment at the US Embassy as I thought that there wouldn't be any problem for me to get a visitor visa. I also had a letter from an agency which coordinated Canadian working visas. Unfortunately I was wrong and the consul at the US Embassy denied my tourist visa (in 2010) under the section 214(b). He said that I can ask for B-1 visa again when I come to Canada. I later went to Canada but didn't ask for a tourist visa to visit USA because I was afraid of denial.

Now, I am 36 years old and would like to change my career as I am very interested in Computer Science which pairs well with my MBA degree. My questions are:
1. Am I too old to get another masters degree??? I don't feel like I am old but I am worried what might the consul say?
2. Because of the truly unfortunate episode with my B-1 visa back in 2010 are my chances now reduced to get F-1 visa? My Computer Science program starts in January 2015.
3. If for some reason my F-1 visa is denied does this mean that I will never be able to visit or study in the USA again?
4. What can I do to make my F-1 visa application stronger? It is not my intention to stay illegally in USA or any other country but because of this B-1 denial I am afraid that my new F-1 application might be denied too.
5. What documents would you recommend me to bring with me to show that my intentions are pure?

I apologize for lengthy message. Just wanted to describe the tough situation and doubts I have because I don't want to get another denial.

 

[Triple Citizen]

A1: There is no upper cap on age for F-1 visas.
A2: Your B-1 denial should not be an automatic negative variable as far as your F-1 application is concerned. Just keep in mind that you will still need to overcome 214(b) for your F-1 visa.
A3: A denial of F-1 does not automatically mean that you will not be able to re-apply for a B-1 visa later down the road.
A4: You need to overcome 214(b) and have enough funds to support yourself in the US. To overcome 214(b), you need strong social and financial ties to your country of normal residence.
A5: Documents that prove strong social and financial ties to your country of normal residence.

My questions are:
1. Am I too old to get another masters degree??? I don't feel like I am old but I am worried what might the consul say?
2. Because of the truly unfortunate episode with my B-1 visa back in 2010 are my chances now reduced to get F-1 visa? My Computer Science program starts in January 2015.
3. If for some reason my F-1 visa is denied does this mean that I will never be able to visit or study in the USA again?
4. What can I do to make my F-1 visa application stronger? It is not my intention to stay illegally in USA or any other country but because of this B-1 denial I am afraid that my new F-1 application might be denied too.
5. What documents would you recommend me to bring with me to show that my intentions are pure?

 

[Marko A.]

Thank you very much for your reply. Appreciate it a lot.

Could you please be more specific about the documents that prove strong social and financial ties to my country of residence. I guess that having enough money to study is not enough. Unfortunately, I have no real estate on my name. My home is registered on my mother's name and I will inherit it one day for sure, does this helps???

What are the social ties and how can I document the same? I am not married and if there are any other social ties that I can document please let me know. All my family lives here in Europe and I have no relatives in the States.

This unfortunate B-1 visa denial is frightening me and now I am very scared to apply for any other kind of visa. So, if you could advice me more specifically about all kind of the documents I can obtain to prove my ties with my home country I would be very thankful to you.