Question: I came to the US in August 2007 and completed my Masters in Electrical Engineering in December 2009. Then I got enrolled in an MBA program in January 2010. In the meantime my F-1 visa got expired and I went to India to get a new F-1 visa. I was not eligible for re-stamping because my visa had already expired more than 1 year ago. New Delhi US embassy rejected it twice, saying that I could be a potential immigrant. Now I want to go for third attempt. My question is if my visa is denied this time, can I apply for a B-1/2 visitor visa immediately? In case I don't get an F-1 visa, I want to come back to US to take care of my belongings.
Answer: Nothing stopping you from applying for a visitor visa after the 3rd denial, but you should be aware of two things: First, I think the Consulate would require you to schedule another appointment for a later date, and fill out a new DS-160 visa application. Second, I am afraid the issue of intent will follow you. In other words, a visitor visa also requires temporary intent, and the perception of you being a potential immigrant could also serve as grounds for a denial of your B-1/2 visa application.
Probably your best chance at the B-1/2 is to be very specific about your itinerary and exactly what you intend to do, to "take care of your belongings", with supporting evidence, where applicable. Honestly, after 3 prior refusals, including at least one on the grounds of intent, I would think the chances of your being issued the B are slim.
Going forward, looks like you will have options available to you for temporary work status and beyond, so don't hesitate to contact me if wish to strategize.
Michael Ryvin, Partner
Ryvin Wallace Group
1-415-765-0679
michael@ryvinlaw.com
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