A: The approved INS I-20 is just one piece of information the interviewing officer
must consider when deciding whether a visa may be issued. Remember, under
Section 214(b) of the U.S. Immigration and Nationality Act, you still must prove that
you will leave the United States after the purpose for which you entered the United
States comes to an end. In student visa cases, the applicants may intend to stay in the
United States for many months and even years pursuing a course of study.
Consequently, we must consider your overall circumstances when deciding whether
to approve a student visa. Student visas must be denied if it appears that the
applicant's primary purpose of travel is not to obtain an education, but, rather, to
facilitate an indefinite stay in the United States. The fact that a school has admitted a
student to study and issued the student an I-20 is, therefore, only one factor we
consider.
Q11: Why do many of the refused applicants get the same letter
of explanation as to why they were turned down? For example,
shouldn't the reason be different for a student visa applicant than
a tourist visa applicant?
A: The legal basis for most visa refusals is the same: section 214(b) of the INA (see
question 5). In most refusal cases, the applicant fails to show strong enough or stable
enough ties outside the U.S. to convince the officer that the applicant will depart the
United States after a temporary period. Many refused applicants believe there is a
document or a special way to answer our questions that will enable them to
successfully reapply for a visa days or weeks later. However, as the problem for
applicants refused under section 214(b) lies in their overall situation, no single answer