Student Visa Refused (Third Time)

[viraldpatel]

My student visa has been refused for the third time. I am a current resident of The United States under a DACA status, and am a citizen of Kenya. I am a highschool graduate of this year, and I've been accepted into The University of Toronto, ranked 1st in Canada, and 17th globally.

The first refusal was based off my purpose of visit and my immigration status. My second refusal was based off of my immigration status. My most recent, and third refusal was based on my purpose of visit.

I am unclear on what to do at this point. I have been told by many people that I should leave The United States of America and fly to Kenya, the country of my citizenship and reapply from there. I am guessing the concerns the embassy has is me overstaying my visa - concerns which I can explain out in a letter. I have been the subject of an overstayed visa by my parents, and know there is no benefit to overstaying. I am solely going to Canada to study, and will be returning to Kenya once my studies are over.

In Kenya, I have: close family ties, more than sufficient funds from my family members, property with sufficient value, and a business under my families name. In India, I have close family ties, more than sufficient funds, and property with sufficient value. I have establishment in Kenya in the form of both family and financial ties, all that seems to be the issue is the trust the embassy has in the fact that I will leave Canada once my studies are over.

What seems to be the proper and beneficial route? My classes start September 5th, but I can opt to begin my classes in the Winter semester and take my Fall semester off. I can also opt to take a gap year. Staying in the United States is not an option I am willing to entertain.

 

[bongoman]

Honestly Canada is unlikely to let you in even if you go back to your home country I doubt you would be able to get in immediately because your US status will follow you. You would need to actually live there for possibly years to show ties.

What you have right now are not strong ties, you cant have strong ties to somewhere you havent lived for years.

Might be better to consider other countries that dont dont such strict rules.

 

[canuck78]

Unfortunately you have to accept that you will not be getting admission this year for your U of T program. It is up to you what you do but it is not as simple as returning to Kenya and applying. I would suggest enrolling in a school in Kenya or India and perhaps change your goal to economic immigration eventually.

 

[captainarabiia]

Are you able to go to school in the states ?

If yes, why are you looking to make a move ?

 

[scylla]

My student visa has been refused for the third time. I am a current resident of The United States under a DACA status, and am a citizen of Kenya. I am a highschool graduate of this year, and I've been accepted into The University of Toronto, ranked 1st in Canada, and 17th globally.

The first refusal was based off my purpose of visit and my immigration status. My second refusal was based off of my immigration status. My most recent, and third refusal was based on my purpose of visit.

I am unclear on what to do at this point. I have been told by many people that I should leave The United States of America and fly to Kenya, the country of my citizenship and reapply from there. I am guessing the concerns the embassy has is me overstaying my visa - concerns which I can explain out in a letter. I have been the subject of an overstayed visa by my parents, and know there is no benefit to overstaying. I am solely going to Canada to study, and will be returning to Kenya once my studies are over.

In Kenya, I have: close family ties, more than sufficient funds from my family members, property with sufficient value, and a business under my families name. In India, I have close family ties, more than sufficient funds, and property with sufficient value. I have establishment in Kenya in the form of both family and financial ties, all that seems to be the issue is the trust the embassy has in the fact that I will leave Canada once my studies are over.

What seems to be the proper and beneficial route? My classes start September 5th, but I can opt to begin my classes in the Winter semester and take my Fall semester off. I can also opt to take a gap year. Staying in the United States is not an option I am willing to entertain.

Unfortunately I don't think you have any chance of getting a study permit approved in the short term, even if you return to Kenya and apply from there. The fact you have been in the US without status and are under DACA means you have no way to show strong ties and demonstrate you have no plans on remaining in Canada long term. To have a chance of being approved, you would need to return to Kenya, live there for a number of years to establish strong ties (e.g. job, property, etc.) and then consider applying.

 

[scylla]

Are you able to go to school in the states ?

If yes, why are you looking to make a move ?

OP is under DACA.

 

[Copingwithlife]

My student visa has been refused for the third time. I am a current resident of The United States under a DACA status, and am a citizen of Kenya. I am a highschool graduate of this year, and I've been accepted into The University of Toronto, ranked 1st in Canada, and 17th globally.

The first refusal was based off my purpose of visit and my immigration status. My second refusal was based off of my immigration status. My most recent, and third refusal was based on my purpose of visit.

I am unclear on what to do at this point. I have been told by many people that I should leave The United States of America and fly to Kenya, the country of my citizenship and reapply from there. I am guessing the concerns the embassy has is me overstaying my visa - concerns which I can explain out in a letter. I have been the subject of an overstayed visa by my parents, and know there is no benefit to overstaying. I am solely going to Canada to study, and will be returning to Kenya once my studies are over.

In Kenya, I have: close family ties, more than sufficient funds from my family members, property with sufficient value, and a business under my families name. In India, I have close family ties, more than sufficient funds, and property with sufficient value. I have establishment in Kenya in the form of both family and financial ties, all that seems to be the issue is the trust the embassy has in the fact that I will leave Canada once my studies are over.

What seems to be the proper and beneficial route? My classes start September 5th, but I can opt to begin my classes in the Winter semester and take my Fall semester off. I can also opt to take a gap year. Staying in the United States is not an option I am willing to entertain.

Going to play the Devil's advocate here. Why don't you study in the USA ? Sounds like your DACA status would still be valid. International Student Fees here are very expensive, and you can only work part time/ 20hrs a week. After you finish studying in the USA, as you mentioned in another stream, you return to Kenya with your education, and your family follows you as you stated
Plus I am under the impression if you leave the USA while on DACA, you need permission to go back to the USA, advance parole, which is where your family will still be, what if that is not given ? You possibly could be separated from your family for 3-4 years

 

[viraldpatel]

Going to play the Devil's advocate here. Why don't you study in the USA ? Sounds like your DACA status would still be valid. International Student Fees here are very expensive, and you can only work part time/ 20hrs a week. After you finish studying in the USA, as you mentioned in another stream, you return to Kenya with your education, and your family follows you as you stated
Plus I am under the impression if you leave the USA while on DACA, you need permission to go back to the USA, advance parole, which is where your family will still be, what if that is not given ? You possibly could be separated from your family for 3-4 years

DACA would be valid until 2021 - the thing is, the state of the status is heavily unreliable and it's beginning to look scary. I've lived here for 14 years, and not once, have I felt any fulfillment or happiness. I've dreamt of moving away and living life as a welcomed citizen, someone who deserves to be where they are. I want to travel, I want to experience life, not caged up in a country that's absurd in its policies and views.

Toronto has been a dream of mine, a dream I've worked towards for the last four years. I'm willing to pay every tuition fee, go through whatever it takes, to study at the university I've worked for, to be able to travel the world without restraint, and to be at the top of my academics. In my opinion, I cannot stand to wait longer in a country I don't want to be in anymore.

 

[canuck78]

DACA would be valid until 2021 - the thing is, the state of the status is heavily unreliable and it's beginning to look scary. I've lived here for 14 years, and not once, have I felt any fulfillment or happiness. I've dreamt of moving away and living life as a welcomed citizen, someone who deserves to be where they are. I want to travel, I want to experience life, not caged up in a country that's absurd in its policies and views.

Toronto has been a dream of mine, a dream I've worked towards for the last four years. I'm willing to pay every tuition fee, go through whatever it takes, to study at the university I've worked for, to be able to travel the world without restraint, and to be at the top of my academics. In my opinion, I cannot stand to wait longer in a country I don't want to be in anymore.

Unfortunately your dream will nee to be put on hold for a while. There are longterm consequences of your family’s lack of status in the US. You need to establish ties in Kenya which will likely mean living there for numerous year or you could try to immigrate once you have finished your schooling and worked for a few years.

 

[scylla]

DACA would be valid until 2021 - the thing is, the state of the status is heavily unreliable and it's beginning to look scary. I've lived here for 14 years, and not once, have I felt any fulfillment or happiness. I've dreamt of moving away and living life as a welcomed citizen, someone who deserves to be where they are. I want to travel, I want to experience life, not caged up in a country that's absurd in its policies and views.

Toronto has been a dream of mine, a dream I've worked towards for the last four years. I'm willing to pay every tuition fee, go through whatever it takes, to study at the university I've worked for, to be able to travel the world without restraint, and to be at the top of my academics. In my opinion, I cannot stand to wait longer in a country I don't want to be in anymore.

Any sort of temporary visa is going to be refused based on your US immigration history. You have no chances of being approved even if you retrun to Kenya.

You will need to change your plans and focus on qualifying to immigrate to Canada instead. No chance of a study visa being approved. Sorry.