My US visa was approved at the interview, then refused a few days later on the DS160 form status

Question

I would like to ask about my case for the US visa. Here are details about my case: In 2014, the first time I applied for a visitor visa, I went with my auntie to the interview and I got approved.

In 2015 I renewed it so there was no problem at all. In 2016, I also renewed my visitor visa in March. Then in July, since I graduated from my international high school in Viet Nam, I applied for a student visa to the US. However, before that, my uncle, whois American, wanted to adopt me but we need to go to the US Embassy and sign a paper.

They didn't let us do it for some reason, then called me to cancel my visitor visa, and refused my student visa in the interview. I’m studying abroad in Canada right now and in second year in Computer Science. So for the summer, I applied for a US visitor visa to visit my auntie and uncle. I went to the interview, the guy asked me many questions about adoption but he said your visa is approved and it will take 2 weeks for your passport to come back. Two days later I went to check if they issued me the visa, and the status was ADMINISTRATIVE PROCESS. And yesterday I checked again, it said REFUSED.

Can somebody tell me what happened or what to do please?

Answer 1

It seems plausible that you failed to overcome the presumption of immigrant intent. Basically, all applicants for US non-immigrant visas (including B-1, B-2, and F-1) are assumed by default to want to remain in the country permanently; and it is necessary for applicants to show that they have substantial ties to their homeland and are likely to return there after their visit. This can be done by having a history of visiting other countries and returning home; by having a stable job in your home country; by having family there; by owning property there; or other ways.

In your case, the fact that your uncle was planning to adopt you is probably what led to your visitor & student visas being cancelled/refused. The immigration officers probably viewed this as evidence that you were planning to stay in the US after your visa expired. Once your first two visa applications were refused, further applications were likely to be viewed skeptically at best.

At this point, you have been refused a visa three times, and further applications are unlikely to yield you a visa unless your situation changes. I would highly recommend that you read the answers to this question and take it to heart.

Answer 2

What happened was unfortunate however relatively straightforward. The visa officer who interviewed you was satisfied your earlier immigrant intent displayed by your adoption process was no longer relevant (after significant questioning) and wanted to issue the visa.

Unfortunately he/she was then overruled by a supervisor, hence the change from approval to a denial. For now you’re in Canada which is relatively close so your aunt and uncle can visit you instead of vice versa.

You may want to retain a competent immigration attorney or preferably wait a few years, graduate, get married and start a job. Basically a significant change of personal circumstances and then apply again.

Alternatively when you graduate you can apply for an H1B visa (Computer Science is hot) if you get a job offer from USA. H1B visas allow for dual intent and hence your previous intent to immigrate via the adoption process will not be held against you.

Certain types of foreign visitors are allowed dual intent, and other categories of visitors are not. Persons with H-1B visas (for specialty workers and their spouses and minor children with H-4 visas), K visas (for fiancees or foreign spouses of US citizens and their minor children), L visas (for corporate transferees & their spouses and minor children), and V visas (spouses and minor children of lawful permanent residents) are permitted to have dual intent under the Immigration and Nationality Act.[1] Federal regulations also appear to recognize dual intent O visas (for workers who have extraordinary ability and their spouses and minor children), P visas (for athletes, artists or entertainers and their spouses and minor children), and E visas (for treaty traders or treaty investors and their spouses and minor children)

TL:DR

That said, the Trump administration is revoking previously issued nonimmigrant visas at a record pace for a variety of reasons that hitherto were overlooked. Yours might fall into that group under review the new unforgiving strict guidelines.