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F-1 Visa Approval or Denial?

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  • F-1 Visa Approval or Denial?

    Dear All,



    I am planning to apply for a F-1 visa, but I am confused with my complicated immigration history and need some professional advice.
    The local U.S. consulate does not provide any assistance, so I thought someone could help me here.


    I will try to put the relevant story chronologically and make is straightforward. I apologize if it is a bit long and complicated.



    19 October, 1992: my parents receive B-2 visa, including for their two dependents (me, age: 3 and my brother, age: 8) at Moscow, Russia. Only my parents attended the interview.
    13 April, 1993: my family, including me, travels to U.S.A. I do not know for what duration we were allowed to stay in the U.S. (My age: 3)
    29 December, 1993: my father requested asylum in the U.S. for him, his wife and two dependents.
    My parent's received permission for temporary stay, including permition for employment. They were issued employment authorization and social security cards (me as well).
    In 1996: my parents separate because of domestic violence (my father kept beating my mother and taking her money) and I, my brother and mother lived in various protection shelters for some time (awful memories).
    30 October, 1997: My mother returns to homeland with me and my brother (my age -8). She was young, desperate and a bit naive (not judging, though) to not follow the immigration case. My fathers stays in the U.S.
    08 August, 2005: My father return to Yerevan, Armenia.
    09 September, 2005: My father passes away. He did not tell us anything about the immigration case.
    14 June, 2012: I apply to J-1 Visa and receive denial under 214 (B). The consulate officer stated that they can issues a visa because I have violated the immigration rules once already and I also have deported from the U.S in 1998 (though we returned back in 1997). This was the first time I learned about my previous deportation.
    May, 2013: I made a request the USICS, under the freedom of information act, to provide me the copies of my previous records. In the records, there was a court decision of deportation.


    Also, what I think would be important for the visa decision is the following:
    1. I have I-20 from Harvard University. The degree is Master of Liberal Arts in Biological Sciences (with a focus on Biomedical Sciences) and is offered on modular basis (not my choice)I will do the first two graduate-level course, so my I-20 is for 2 months. I will then be able to extend my stay as I take additional courses during the Fall Semester and Spring semester. The degree and knowledge from the courses are absolutely vital for my career and professional development.
    2. I plan to pursue a Ph.D. after completing my Master's either in the U.S.A or the U.K. (i have all the application and scholarship process planned now)
    3. I am proficient in English.
    4. I am a Medical Doctor (completed a M.D. degree) and specialize in Pharmacology (completed Residency in clinical Pharmacology with distinction) but I am currently unemployed. Also, completed Academic English course at Oxford University (Summer, 2014)
    5. I have been to Russia (tourist visa, 2014), the United Kingdom (student visitor visa, 2014), and did not brake any immigration rules.
    6. The US Embassy denied me J1 visa once.
    7. I am a co-owner of an apartment; my family, friends stay in Armenia (for strong ties)
    7. My two aunts are U.S. citizens and one of my aunts has filled I-130 for my mother.
    8. The U.S. consulate in Armenia is very famous for visa denials even to the most qualified candidates.


    Given all this information, I will be very thankful if someone could consult and provide me with any kind of advice to manage this situation and obtain the visa.

    Thank you very much.
    Last edited by date13; 04-14-2015, 04:08 PM.

  • #2
    A waiver of inadmissibility is available to aliens who were previously deported.
    That said, you can't get to that stage until the consular officer gets over the presumption of immigrant intent, INA214(b).
    Your immigration history makes that a challenge. Your best shot is a visa that does not require nonimmigrant intent.

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