My girlfriend is trying to get a student visa but was rejected and now is stuck, how can she get back home?

Question

My girlfriend was going to go to a university in the states. She got accepted into the university but went down to Mexico to get her student visa and they rejected her. They said that she has to wait 2 years before she can try again. Now she is stuck in Mexico. Is there any way that she can appeal it or is there another option?? And no, we are not in the postion to get married.

Answer 1

Well, there's no visa ineligibility that expires after 2 years. It sounds like she was here illegally to begin with, however, that would mean either a 3 or 10 year period of ineligiblity, not 2. If she was simply rejected for a student visa, because for some reason they considered her an intending immigrant, under 214b, she could reapply tomorrow, even though she'd probably get the same answer. It seems you're only getting part of the answer here.

Answer 2

If I'm reading between the lines correctly, your girlfriend was living in the states w/o a visa, returned to her native Mexico to get one and was refused.

Obviously someone suspected that she was trying to immigrate (or trying to reenter legally) and put a hold on her visa.  Graduating from a US high school may have been a red flag (I'm just guessing here).

Any additional tries at visas will probably set off more alarms and result in an even longer waiting period.  Her best bet would be to apply at a college in Mexico and try to transfer in two years.

Answer 3

There's no appeal.  The US Consular Officer has wide latitude when it comes to these things.  

Why can't she apply for 2 years?  That makes no sense unless there was some other underlaying problem such as illegally living in the United States.