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srikathera

F1 refused

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My son has been living here in this country since March, 2010. He did his Middle school, High school and also finished 2 years of his college here.
He turns 21 in August of 2019. He had been to India last week to have his F1 visa stamped, and unfortunately, he was denied his F1 Visa (214 b).
Luckily, he can return back and pursue his studies till he turns 21.

I am looking at what can be done to secure his F1 visa, while he is in the US. The current processing time for F1 visa at Vermont Service Center is 11 to 15 months and that runs past the date when he turns 21. Can he stay here till he gets a decision and, can he continue to study while waiting for the decision?

To add to our owes, our younger son is completely blind and he experiences absence seizures and has several brain related issues and lots of behavioral problems. My sons are so attached to each other and we can't imagine them living in two different countries. We don't wish our family is separated this way. And, we also need our older to stay with us here to take of his younger brother.

Can someone please guide us?

 

Regards,

Sridhar

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Then the refusal seems odd to say the least....the kid is trying to get a student visa before he ages out of H4 status, a common situation and one that experienced COs should not put under a microscope, IMHO. 

If, however, everyone had arrived with some B1 visa for training, then 'forgot' to return, that I could understand. But not this situation.

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Odd indeed. It was our misfortune really.
How could my son establish strong ties overseas, when all of our family is here in the US?
Our Green card processing keeps taking forever, kids age out, their F1 visa gets rejected, resulting in family separation. I am completely confused at this whole process.

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214b still applies to student (F1) visas...it is one of the hazards of a family going on H1H4, but then one of the children reaches 21...no guarantee....and strictly speaking, your 21 year old son is not likely to return to India following completion of his studies....why would he?

GC processing takes time because there are numerical limits for those for each country and when that limit is reached each year, no more can be issued....just a fact of life.

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My priority date is Jul of 2011. Yes, CSPA is in the picture, but then, he will turn 21 way before we can even consider it.

We will take all the legal help we can avail and hope for the best. Thank you, Sir.

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This sort of case is not unique....a family goes to the US in H status, one or more children reach 21...they cannot be dependents anymore..they were going to school legally...no one has (presumably) played shady games with immigration laws....why focus on this type of case when the typical waiting area in the consular section is filled with would-be fraudsters. liars and scam artists...filter those applicants out instead of wasting time and energy on this case. It's not as if your son will be the only student who never returned to India after studies...less than 10% do...

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