Latest news with #U.S.ImmigrationandNationalityAct
Time of India
2 days ago
- General
- Time of India
F-1 visa rejections explained: Why students face refusals and how to overcome them
For many international students, getting a US student visa is the first big hurdle on the road to studying abroad. Yet, a significant number of applicants are refused, often leaving them puzzled and disappointed. One of the most common reasons cited for refusal is Section 214(b) of the U.S. Immigration and Nationality Act, which governs nonimmigrant visas such as the F-1 student visa. What does a 214(b) refusal mean? If your F-1 visa is denied under Section 214(b), it usually means the consular officer was not convinced either that you meet the visa requirements or that you intend to return to your home country after your studies. In short, the officer could not see enough evidence of your ties back home. It's worth noting that certain work visas, like H-1B or L visas, do not require applicants to prove such ties. Understanding strong ties to your home country 'Strong ties' refer to the personal, professional, or social connections that link you to your country. Examples include: Family responsibilities and relationships Employment or ongoing education Ownership of property or other financial commitments Active participation in your local community Consular officers evaluate each application individually, considering these ties along with your travel plans and financial situation. The goal is to ensure you will leave the U.S. once your temporary stay ends. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Use an AI Writing Tool That Actually Understands Your Voice Grammarly Install Now Undo Is a 214(b) refusal permanent? No. A Section 214(b) rejection applies only to the specific application that was denied. You are free to reapply at any time, especially if there have been meaningful changes in your circumstances or if you have new information to share. How to strengthen your next application While there is no formal appeal, students can take steps to improve their chances on reapplication: Submit a new visa application and pay the fee again. Prepare for a fresh interview, emphasising any updates or changes in your situation. Provide clear evidence of strong ties, such as employment letters, family commitments, property documents, or new financial resources. A positive change on the horizon In 2025, Congresswomen Veronica Escobar and María Elvira Salazar, along with 20 other lawmakers, introduced the DIGNITY Act, which aims to make F-1 visas allow dual intent. If approved, this would help students pursue studies without being automatically presumed to have immigrant intent, potentially reducing 214(b) refusals. A 214(b) refusal is not the end of the road. By understanding the reasons behind it and strengthening ties to your home country, you can improve your chances in the next visa application. With careful preparation, many students are still able to realise their dream of studying in the United States. Ready to navigate global policies? Secure your overseas future. Get expert guidance now!
The Hill
10-07-2025
- Politics
- The Hill
Woman denied entry at JFK describes ‘nightmare' stay at New Jersey ICE facility
NEW YORK CITY (WPIX) — Jane can only remember crying twice during her hours-long detention after being denied entry into the United States from Switzerland. The first time was when she was chained to a chair at John F. Kennedy Airport after six hours of interrogation. The second was when she realized her menstrual cycle had started inside Elizabeth Detention Center, a privately owned U.S. Immigration and Customs Enforcement (ICE) facility criticized for poor conditions since it opened in the 1990s. 'The way I felt, I smelled, I looked — dehumanizing,' Jane, who spoke on the condition of anonymity, told Nexstar's WPIX. 'They treat us worse than animals.' What was meant to be a birthday trip after a battle with cancer had quickly turned into a nightmare when Jane was denied entry into the United States and detained at the New Jersey facility. Documents on ICE letterhead reviewed by WPIX confirm Jane was detained and released from Elizabeth Detention Center this year. Jane's experience left her scarred with recurring nightmares and bruises, she said. But as the daughter of political refugees and a language teacher, Jane has found new purpose. 'I had to experience this to be able to show people the ugly truth of America,' Jane said. 'They took away from me my biggest love, they took away New York from me in such an ugly way. But I saw it, and I saw what this country's doing with innocent girls.' When Jane landed at JFK, she immediately noticed a different scene: What was normally a one-hour customs process was taking two hours. After she was asked routine questions, Jane's passport was handed to a second officer, whom Jane was told to follow. 'OK, great, now it's my turn,' she recalled thinking. 'That's when the whole s—show began.' Until she arrived at the detention center hours later, Jane was never told where she was headed. Jane was told she was denied entry because officers suspected she planned to work in the United States, something not allowed with the Visa Waiver Program that Jane has used without issue for years. The visa waiver is offered to only 42 countries, including many in Europe, and requires travelers to waive their right to contest a deportation, according to the U.S. Immigration and Nationality Act. At the airport, multiple Customs and Border Protection (CBP) officers combed through her luggage, phone, laptop, bank accounts and social media. They repeatedly accused her of lying, Jane said. Travelers like Jane have fewer rights when interacting with immigration enforcement at airports, including having no right to an attorney, according to the Immigration Law Center. This was made abundantly clear to Jane. Ultimately, Jane said she was put in hand, foot and belly restraints before being taken to Elizabeth. Meanwhile, Jane's loved ones had contacted the Swiss Federal Department of Foreign Affairs. The department this year raised issue with U.S. officials about the treatment of Swiss nationals attempting to enter America, according to a spokesperson for the Swiss FDFA. In a statement to WPIX, a spokesperson for CBP said that a decline in illegal immigration has allowed the department to renew 'thorough vetting and interviews' at ports of entry. 'A visa is a privilege, not a right, and only those who respect our laws and follow the proper procedures will be welcomed,' a CBP spokesperson said. Jane was checked into Elizabeth Detention Center, a 300-bed, windowless facility operated by a private company called CivicCore. It was the only ICE detention facility in New Jersey until this year, when the controversial Delaney Hall opened in Newark. What Jane saw at Elizabeth matched the horror stories she had heard. Cold, dry, dimly lit, and filled with cries, the conditions were 'inhumane,' she said. 'First, I was scared, but then, these girls, so kind, so nice, so empathetic,' Jane said. 'I told the girls when I left, 'Girls, I will try to use my voice, I don't know how yet, but I will try to use my voice to show America what is going on behind closed doors.'' Jane immediately became a translator for the women in Elizabeth, given that she speaks many languages. She met women from Haiti, Germany, Nigeria and Honduras, some of whom had been there for a year. In an act of kindness, one woman gave Jane a feminine napkin she had after agents said there were none left. In a recent New York Times report, the Department of Homeland Security denied claims that detention centers across the country are experiencing overcrowding and poor conditions, such as people lacking access to medication and feminine products and sleeping on bare floors. Jane was held at Elizabeth for 13 hours. She said she was again put in restraints, taken back to JFK, and walked through the airport in handcuffs, accompanied by ICE agents and a police officer. Her belongings were given to the flight attendants and returned to her once the flight had taken off, Jane said. She cried the whole way home. A spokesperson for the Swiss Federal Department of Foreign Affairs said it has seen a huge spike in requests for help this year. 'Since March 2025, the FDFA Helpline has responded to approximately 170 inquiries related to entry into the United States, which is about three times higher than during the same period in 2024,' the spokesperson told WPIX in June. There are currently over 57,800 people in ICE detention, according to the most recent federal department data. The last time ICE had over 50,000 people in detention was 2019. In February and March, the most recent federal data available, CBP denied 329 people entry into the U.S. at JFK. 'Lawful travelers have nothing to fear from these measures, which are designed to protect our nation's security. However, those intending to enter the U.S. with fraudulent purposes or malicious intent are offered the following advice: Don't even try,' a spokesperson for CBP said. In Jane's case, legal action against the U.S. would be futile, according to Pascal Ronc, an attorney in Switzerland who advised Jane. 'International proceedings against the U.S. are pointless, as the U.S. has never recognized the jurisdiction of an international human rights court,' Ronc said. Jane thinks about the people she met at Elizabeth every day. The moment she checked out is burned into her memory, as she watched a group of men enter the facility. 'They are just about to start their nightmare,' Jane said. 'I'm about to get out and go back to my safe, beautiful Switzerland, and these poor guys — who knows how long, and what they have to endure.'
Hamilton Spectator
12-06-2025
- Politics
- Hamilton Spectator
MCK Grand Chief returns from diplomatic mission to Washington with Jay Treaty Border Alliance
Mohawk Council of Kahnawake Grand Chief Cody Diabo has returned from a two-day diplomatic visit to Washington, D.C. last week, as part of the Jay Treaty Border Alliance (JTBA) delegation. Diabo said the delegation met with a bipartisan group of U.S. lawmakers, including congressional representatives, members of the House and Senate Judiciary Committees, and the Deputy Assistant Secretary of Homeland Security, to advocate for changes to the U.S. Immigration and Nationality Act (INA). The JTBA is calling for the removal of a clause in the INA that requires individuals to prove at least 50 percent 'American Indian blood' in order to exercise cross-border rights under the Jay Treaty. Diabo argued that the blood quantum requirement is outdated and does not reflect how identity and membership are defined within the Kanien'kehá:ka Nation today. 'Kahnawake doesn't go by blood quantum anymore; we go by lineage,' Diabo said. 'So, it counteracts our law that we've established as a community.' The JTBA delegation presented a proposal to amend the INA by replacing the blood quantum requirement with recognition based on U.S. tribal membership, Indian status under Canada's Indian Act, or membership within a self-governing First Nation. Diabo said these changes are long overdue, stressing that Indigenous peoples are the only group still legally defined by blood quantum. 'Why are we still being scrutinized to this level?' Diabo asked. 'We determined who our members are. A simple notice or letter saying they're a member of our community should suffice, rather than saying they need 50 percent [Indigenous blood] or more in order to cross the border.' In the end, Diabo says that all the parties he met with during his visit last week appeared very receptive to the idea this time. The JTBA is a grassroots coalition of intertribal and First Nations leaders advocating for the right of Indigenous peoples to live, work and travel freely across the Canada–U.S. border. The group takes its name from the 1794 Jay Treaty between the U.S. and Great Britain, which forms the legal basis for Indigenous border-crossing rights recognized in the INA. But according to Thomas Deer, historical and cultural liaison for the Kanien'kehá:ka Onkwawén:na Raotitióhkwa Language and Cultural Center, the treaty did not create that right — it merely recognized it. 'Our rights derived from the inherent sovereignty vested in the Kanien'kehá:ka Nation and the Rotinonhsión:ni Confederacy, and the treaty relationships we've forged with the colonists - such as the Two Row Wampum and the Covenant Chain,' Deer said. 'As a distinct and sovereign Onkwehón:we nation, we have the inherent right to freely travel and trade throughout this entire continent.' Still, Deer admitted, 'it is a useful tool for border crossing.' Considering the significant impact and ramifications of the Jay Treaty, Deer urged young people to learn their history and understand where their rights come from, as both the U.S. and Canada continue to chip away at those rights. 'Our young people should become well acquainted with our history and understand where our rights come from so that they have the ammunition to fight back against the United States and Canada when they refuse to recognize our rights and freedoms,' Deer said. 'Ultimately, our rights and freedoms come with a heavy burden of responsibility - a responsibility that is rooted in our worldview as Onkwehón:we.' Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
Yahoo
15-03-2025
- Politics
- Yahoo
Lawyers for detained Columbia student ask for his release on bail
By Michelle Nichols NEW YORK (Reuters) - A Columbia University student detained over his pro-Palestinian activism is not a flight risk and should be allowed to return home for the birth of his first child, his lawyers argued in a motion for bail on Saturday. Mahmoud Khalil - a 30-year-old permanent U.S. resident of Palestinian descent - was arrested a week ago at his university residence. He has not been charged with a crime and is being held in immigration custody in Louisiana. His wife, an American citizen, is due to give birth next month. The case has become a flashpoint for President Donald Trump's vow to deport some activists who took part in protests on U.S. college campuses against Israel's war on Hamas in Gaza following the October 2023 attack by the Palestinian militants. Khalil was a prominent member of the protest movement at Columbia University. His arrest sparked protests this week. Justice Department lawyers have argued the U.S. government is seeking Khalil's removal because Secretary of State Marco Rubio has reasonable grounds to believe his activities or presence in the country could have "serious adverse foreign policy consequences." The U.S. will likely revoke visas of more students in the coming days, Rubio said on Friday. Under a provision of the U.S. Immigration and Nationality Act, a law passed in 1952, any immigrant may be deported if the secretary of state deems their presence in the country potentially adverse to American foreign policy. Legal experts have said that provision is rarely invoked, and Khalil's lawyers have said it was not intended to silence dissent. "His detention unquestionably chills his speech, as the federal government monitors and controls his ability to communicate with the outside world and has complete power over all of the decisions that impact his daily life inside a remote private prison," his lawyers argued in the motion for bail. They said if released, Khalil would return home to help his wife prepare for the birth of their child and start a job at a human rights organization in New York. He has the support of many current and former classmates, professors, colleagues and friends who are calling for his release, they said. "There are no allegations that Mr. Khalil is a flight risk or a danger to the community," his lawyers argued. "Mr. Khalil has never been arrested or convicted of a crime." The U.S. Justice Department did not immediately respond to a request for comment. A spokesperson for the Justice Department said on Friday: "Being in the United States as a non-citizen is a privilege, not a right ... Mahmoud won't be missed." Since Khalil's arrest, federal agents have searched two student residences at Columbia University and the Justice Department said on Friday it was looking into what it said were possible violations of terrorism laws during the protests. Secretary of Homeland Security Kristi Noem also said on Friday that a Columbia student from India, whose visa was revoked on March 5, had left the country herself on March 11. Noem said a second woman - a Palestinian from the West Bank who took part in the pro-Palestinian protests at Columbia University - was arrested for overstaying her expired student visa, which was terminated in 2022 for lack of attendance.
Reuters
15-03-2025
- Politics
- Reuters
Lawyers for detained Columbia student ask for his release on bail
Summary NEW YORK, March 15 (Reuters) - A Columbia University student detained over his pro-Palestinian activism is not a flight risk and should be allowed to return home for the birth of his first child, his lawyers argued in a motion for bail on Saturday. Mahmoud Khalil - a 30-year-old permanent U.S. resident of Palestinian descent - was arrested a week ago at his university residence. He has not been charged with a crime and is being held in immigration custody in Louisiana. His wife, an American citizen, is due to give birth next month. The case has become a flashpoint for President Donald Trump's vow to deport some activists who took part in protests on U.S. college campuses against Israel's war on Hamas in Gaza following the October 2023 attack by the Palestinian militants. Khalil was a prominent member of the protest movement at Columbia University. His arrest sparked protests this week. Justice Department lawyers have argued the U.S. government is seeking Khalil's removal because Secretary of State Marco Rubio has reasonable grounds to believe his activities or presence in the country could have "serious adverse foreign policy consequences." The U.S. will likely revoke visas of more students in the coming days, Rubio said on Friday. Under a provision of the U.S. Immigration and Nationality Act, a law passed in 1952, any immigrant may be deported if the secretary of state deems their presence in the country potentially adverse to American foreign policy. Legal experts have said that provision is rarely invoked, and Khalil's lawyers have said it was not intended to silence dissent. "His detention unquestionably chills his speech, as the federal government monitors and controls his ability to communicate with the outside world and has complete power over all of the decisions that impact his daily life inside a remote private prison," his lawyers argued in the motion for bail. They said if released, Khalil would return home to help his wife prepare for the birth of their child and start a job at a human rights organization in New York. He has the support of many current and former classmates, professors, colleagues and friends who are calling for his release, they said. "There are no allegations that Mr. Khalil is a flight risk or a danger to the community," his lawyers argued. "Mr. Khalil has never been arrested or convicted of a crime." The U.S. Justice Department did not immediately respond to a request for comment. A spokesperson for the Justice Department said on Friday: "Being in the United States as a non-citizen is a privilege, not a right ... Mahmoud won't be missed." Since Khalil's arrest, federal agents have searched two student residences at Columbia University and the Justice Department said on Friday it was looking into what it said were possible violations of terrorism laws during the protests. Secretary of Homeland Security Kristi Noem also said on Friday that a Columbia student from India, whose visa was revoked on March 5, had left the country herself on March 11. Noem said a second woman - a Palestinian from the West Bank who took part in the pro-Palestinian protests at Columbia University - was arrested for overstaying her expired student visa, which was terminated in 2022 for lack of attendance.
