When someone applies for a student visa the first time, the Consular officer does not have any way of predicting the student’s performance in the US. The Consul comes to a decision after evaluating all of the factors and being reasonably sure that the student will do well abroad.
If a student returns to Vietnam for a visit and if he needs to apply for a student visa renewal, the situation is entirely different. At the time of a visa renewal interview, the Consul has the opportunity to see exactly how the student has performed academically and also to evaluate or question any other factors that can determine the decision to renew or deny the application.
The Consul at a renewal interview can focus on any negative aspect of the student’s stay in the US: A GPA that is too low, failure to carry a full course load, or a suspicion that the student is working in the US without permission. In other words, by coming back to Vietnam for a visit, you are inviting a Consul to find a reason why your student visa should not be renewed.
One student was denied a renewal because the consul saw that the GPA was low and the student did not attend classes full time. The student had good reasons for this but the consul just said that his academic performance was not good enough to deserve a visa renewal.
Another case was rejected because the student returned to Vietnam for a visit after three years in the US. The consul assumed that the student remained in the US for those three years in order to work illegally. Though it is possible to get employment verification very easily, it is s really not possible to prove that someone did not work illegally.
In another case, when the student applied for F-1 visa renewal, he could not provide a copy of his transcript because it was lost during a hurricane. Application denied.
The results of all interviews are on file at the Consulate. When a student submits a second or third visa application, the consul first checks the previous record. If previous consuls denied the applications of this student, there is a 99% chance that the next consul will do the same. Consuls don’t want to over-ride a previous consul’s decision unless there is new, convincing evidence that the visa should be renewed.
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Q.1. Vietnamese families are close-knit units. Is it reasonable to expect a student to remain in the US for four years without coming home for a visit?
A.1. If the student has a very good GPA and there is no reason to suspect that he violated the terms of his visa, then a visit home might be risk-free. Otherwise, it would be better for family members in Vietnam to visit the student in the US.
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Q.2. Is there any way to appeal a denial of student visa renewal?
A.2. The denial cannot be appealed. The rejected student would have to apply for a new visa interview.
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ROBERT MULLINS INTERNATIONAL www.rmiodp.com
Immigration Support Services-Tham Van Di Tru
9070 Bolsa Avenue, Westminster CA 92683 (714) 890-9933
779 Story Road, Ste. 70, San Jose, CA 95122 (408) 294-3888
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42 Dang Thi Nhu, P. Nguyen Thai Binh, Q1, HCM (848) 3914-7638
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