US Visa was rejected for the first time andI want to apply again

US Visa was rejected for the first time andI want to apply again - From below of aged retro golden clock placed atop information booth of historic Grand Central Terminal with arched windows

From my title, you probably think that my problem is similar or a duplicate of some cases. But I don't think so. So, please share your thoughts :)

I am an Indonesian and living in Germany for 4 years. I have been doing my PhD since the last 4 years (with a scholarship BUT not as an employee as most PhD students in Germany do) and will have my defense in Sept 2019. My residence permit in Germany is temporarily valid until Jan 2020. In May 2018, I applied a US visa for the first time with a type of (combination) B1-B2. The reason I applied at that time was to attend a (non-scientific) conference, so it has nothing to do with my PhD. I have fulfilled all the requirements and was able to show (in my written application that submitted to the system) that I get monthly scholarship with a (more than) enough amount for living here. At the interview, everything seemed to run smoothly until the officer asked me about (1) my PhD topic and (2) my plan when I finished my PhD. I answered that (1) my topic was to develop a specific computer system (as it is what I am doing here) and (2) I will go back to Germany after my trip to the US and then go back to Indonesia after my PhD. But suddenly the officer looked unhappy and told me "Well, I think there is no such system in Indonesia yet and you can't develop it there". I only answered that he was correct but the applications of such computer system can be used for a development of hazard system in Indonesia. However, before I explained further, the officer said "I am sorry we cannot issue a visa for you". I received (as usual) a letter of section 214(b), which stated

  • " ... you were not able to demonstrate that your intended activities would be consistent with the classification of the non-immigrant visa you applied".
  • It was also written in the letter (as I think written also in most cases) that I do not have strong ties with the foreign country and no ties that sill compel me to return to my home country after the trip to the US.

Before I apply again this month for the same non-scientific conference, I would like to have your thoughts:

  1. Would it be rejected again as there is currently no significant improvement in my application unless the date of my PhD defense?
  2. Did I apply wrongly at that time that I should apply only B1 instead of a combination of B1-B2? I asked this because it is implied from the first point above.
  3. Have I explained the officer about my PhD topic wrongly as though it is too sophisticated for a country like Indonesia, whose technology is currently increasing, so that even if I go back there it has no meaning at all and that's why the officer did not trust me? I asked this because it is implied from the second point above.
  4. I still do not understand why it was written on the letter that there is no strong ties between me and the foreign country (which I assume here to be Germany, right?). I have explained, I am doing my PhD here and it obviously indicates the strong ties between me and Germany. Am I wrong?

I am just afraid that if I apply again this time and it is rejected then it becomes more and more difficult for me in the future. In other words, should it be better that I wait and apply when I am in Indonesia?

PS: A friend of mine, who comes from China and is also a PhD student with a scholarship (even with a slightly lower amount than mine) has also applied the US Visa for the same conference at that time and his application was accepted.



Best Answer

Very difficult case (also because it is not clear what was the problem).

For next time, I would check job in Indonesia, to see what you can get, and so to have realistic expectation (which you can explain to the officer). Having some documents about your PhD. Is it a monograph or a series of published articles? Get some documents to show you are in good way to finish it. (as PhD on interesting topic, you get "fast tracks" to green card in US, so it would also show up that illegal immigration is not on your interest).

But prepare also plan B. If you will not get a dream job in Indonesia, what you will do? (not being sure is OK, but having some ideas and possibilities are nice, to show wiliness to return). Do you think you will get some job in Germany? Or a faculty position? [As you know, there is also the miss-understanding that PhD is just one step of academic carer, not as a starting point for a professional carer..]

Check if you can prove better your connections to Indonesia.

Do you have good explanation about the non-scientific conference? Again: this doesn't need to be very rational, but you should show that it is not just a random excuse.

Finally: when you discussed you PhD topic on interviewer, maybe you get on "easy mode" (the explanation you do to your parents and relatives), which could be seen as "fake PhD". You should not have problem on going deep (maybe ask some feedback). They will probably not understand, but this is not their task (to understand). They should get feeling from you that you are genuinely telling the true (and not repeating a story from memory).




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Can we apply US visa again after rejection?

Can I reapply for a visa? After being found ineligible for a visa, you may reapply in the future. If you reapply for a visa after being found ineligible, with the exception of 221(g) refusals, you must submit a new visa application and pay the visa application fee again.

What happens if your US visa is refused?

When your visa application is refused under section 221(g), you will be given a written letter notifying you of the visa refusal and will have 12 months from that date to submit the requested documents without having to reapply and without having to pay a new visa application fee.

How long does it take to apply for a US visa after refusal?

Applications refused under Section 221(g) of the Immigration and Nationality Act (INA) pending additional processing, can take around 60 days from the date of the visa interview to be processed. In some certain cases, the processing might take more than 6 months.

How do I overcome a US visa denial?

If you face a 214(b) visa denial based on not having strong ties to your country of residence, it is possible to have the denial reversed if you can provide evidence that you have these ties. A qualified immigration professional is the best one to help you gather the appropriate evidence and make your case.



What to do if your US visa gets rejected?




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