I am from Thailand, and I was denied an F-1 visa four times before under section 214B. I misinformed the consular officer during my third interview by saying my father has traveled abroad before, when in fact he had not. I want to clarify that my father has never applied for a U.S. visa or attempted to travel to the U.S., but my application was denied. When I tried for the fourth time, the officer asked me if I want to take over my family business after graduation, and I truthfully said yes. She then informed me that I am not qualified for an F-1 visa. My question is, will these F-1 denials affect my eligibility for an EB-5 visa? If I apply for an immigrant visa, will this record cause more denials?
Answers
Barbara Suri
Find an EB-5 Visa Lawyer: Immigration AttorneyIf you have a history of not telling the truth, it is possible that they may not believe you now. So it is not really the denials, but the reason for the denials that is important.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyIf they believe you committed fraud, you would need a waiver and a qualifying relative. You may want to do a FOIA to get a copy of the DOS records under your name.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyIf you were denied based on section 214(b), that is not a bar. But if the officer caught you lying, and it is in the record, that could be a 212(a)(6)(c) denial for lying and that is a bar.
F Oliver Yang
Find an EB-5 Visa Lawyer: Immigration AttorneyIf your denials were all based solely on 214B, that should not affect your EB-5 eligibility. If you are charged with misrepresentation for your 4th denial, it is a different story. This is a very delicate issue and you may want to consult with an experienced immigration attorney.
BoBi Ahn
Find an EB-5 Visa Lawyer: Immigration AttorneyA 214(b) denial means that you did not sufficiently demonstrate that you qualify for the F-1/nonimmigrant visa; and/or that you did not overcome the presumption of immigrant intent which is required by law, by demonstrating that you had strong/sufficient ties to your home country which will compel you to come back home after your temporary stay. For EB-5 immigrant visa, you do not need to demonstrate such temporary or nonimmigrant intent; therefore, your prior nonimmigrant visa denials should not have any effect unless there were any fraud findings involved.
Stephen Berman
Find an EB-5 Visa Lawyer: Immigration AttorneyEvidently the officer did not believe you. Assuming the officer did not make any fraud finding, there should be no problem getting an EB-5.
Dennis Tristani
Find an EB-5 Visa Lawyer: Immigration AttorneyPrevious non-immigrant visa denials for immigrant intent under section 214(b) should not affect the adjudication of your upcoming I-526 petition. While the visa denials are part of your record and should be disclosed when asked for, the I-526 petition is an immigrant (green card) petition which will be adjudicated on its own merits.
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