Lutherville Timonium, MD asked in Immigration Law for Maryland

Q: If denied a visitors visa, am I able to apply for a student visa right after?

If I am denied a visitors visa, am I able to apply for a student visa right after or is there a waiting period before I can apply for a student visa?

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3 Lawyer Answers
Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
Answered
  • Immigration Law Lawyer
  • Philadelphia, PA

A: There is no waiting period. You will have to prove that you have been accepted as a student at an educational institution and that you will be able to finance your education in the USA as well as finance all other expenses that will be incurred while living as a student. International students are not allowed to work to finance themselves while studying so you need to be able to prove all of these things. Good luck.

Stephen Arnold Black agrees with this answer

Alexander Ivakhnenko
Alexander Ivakhnenko
Answered
  • Immigration Law Lawyer
  • Wheeling, IL

A: Nothing stops you from applying for any type of visa after a denial for a B-2 visitor’s visa, but your file may contain negative information obtained during the first visa application, therefore, it will affect your subsequent visa issuance.

Also, if you disclosed information deemed negative or indicative of immigration fraud or deception, then even a second or third visa application will not be granted.

Kevin L Dixler and Stephen Arnold Black agree with this answer

Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: An F1 student visa is also a non-immigrant visa. If the consular official believes that you have NOT overcome the presumption of immigrant intent, the F1 must also be denied.

I strongly recommend an appointment with a competent and experienced immigration and visa attorney who will advise before you apply again. There are more appropriate lawful strategies at this point.

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