USA F1 visa rejection

[JudyMaskun]

Hi! I am a dual citizen of the Republic of Syria and the Republic of Turkey. I am applying for a student permit for Ph.D. studies in Canada.
Six years ago, before becoming a citizen of Turkey, I got an F-1 visa to the USA for attending a BSc program, and due to the war in Syria, I applied for protection status, and my F-1 visa was canceled. However, I was not aware of the visa cancellation, and I left the USA. I later found out that it was canceled. I re-applied for the visa and got denied under the law 214b, which states that I have no ties to my home country.
I moved to Turkey and lived there since, and I now hold the Turkish citizenship. I got accepted to a Ph.D. program in Canada and am applying for a study permit, however, I am worried that my visa might be rejected due to past USA visa rejection.
Moreover, on IMM1294, there was no place for me to indicate by dual citizenship, and I filled it according to my Turkish passport information. In that form, question 2b asks if I have been refused a visa or denied entry to any country other than Canada. The answer would be yes, on my Syrian passport, but I have not declared my Syrian citizenship on that form.
Please advise on how to proceed, as completing this Ph.D. program opens a lot of opportunities for me back here in Turkey and I do intend to return.

 

[scylla]

Hi! I am a dual citizen of the Republic of Syria and the Republic of Turkey. I am applying for a student permit for Ph.D. studies in Canada.
Six years ago, before becoming a citizen of Turkey, I got an F-1 visa to the USA for attending a BSc program, and due to the war in Syria, I applied for protection status, and my F-1 visa was canceled. However, I was not aware of the visa cancellation, and I left the USA. I later found out that it was canceled. I re-applied for the visa and got denied under the law 214b, which states that I have no ties to my home country.
I moved to Turkey and lived there since, and I now hold the Turkish citizenship. I got accepted to a Ph.D. program in Canada and am applying for a study permit, however, I am worried that my visa might be rejected due to past USA visa rejection.
Moreover, on IMM1294, there was no place for me to indicate by dual citizenship, and I filled it according to my Turkish passport information. In that form, question 2b asks if I have been refused a visa or denied entry to any country other than Canada. The answer would be yes, on my Syrian passport, but I have not declared my Syrian citizenship on that form.
Please advise on how to proceed, as completing this Ph.D. program opens a lot of opportunities for me back here in Turkey and I do intend to return.

When you say that you applied for protection status while in the U.S., are you saying that you applied for asylum / refugee status?

Yes - you must say that you were refused a visa in your application to Canada. It doesn't matter if you are a dual citizen or not. Canada and the US share information so this will be found out easily. Failing to declare a past refusal is misrepresentation and will result in a 5 year ban from Canada.

 

[JudyMaskun]

Yes, I applied for refugee status in 2014 due to the war situation that was in Syria. However, that was before I had the Turkish citizenship.

 

[scylla]

Yes, I applied for refugee status in 2014 due to the war situation that was in Syria. However, that was before I had the Turkish citizenship.

You'll need to declare the F1 cancelation and also the refugee application (this application would have been refused once you left the U.S.). The fact this was before you had Turkish citizenship is irrelevant, you must still declare these two cancelations / refusals in your application to Canada. Again, failure to do so is misrepresentation.

Have a previous refugee claim generally makes it quite difficult to get a temporary visa to Canada. Make sure you are able to demonstrate strong ties to your current country of residence to demonstrate that you have no plans on remaining in Canada long term. The fact you are coming here for a PhD should help somewhat (i.e. increase the chances of approval).

 

[JudyMaskun]

Thank you for your reply. What kind of ties would prove to be strong ties? I own a car but I don’t own a house in Turkey, and I have a sibling living here too.

 

[scylla]

Thank you for your reply. What kind of ties would prove to be strong ties? I own a car but I don’t own a house in Turkey, and I have a sibling living here too and is also a Turkish cirizen. My parents come to visit us often and have residence permits here. Would that information be enough?

Unfortunatley none of these things will be regarded as strong ties. Ties are typically things such as property ownership, proof of employment, proof of assets, immediate family (e.g. spouse, children who are staying behind).

Are you currently employed and will your employer continue to employ you after you finish your degree in Canada? Or do you have an offer of employment once you return?

 

[JudyMaskun]

I am not currently employed, nor do I have an offer of employment upon return. I am currently working on my masters degree. However, I plan to get married in a few months. He will apply and come with me until I finish the duration of my studies.

 

[scylla]

I am not currently employed, nor do I have an offer of employment upon return. I am currently working on my masters degree. However, I plan to get married in a few months to a dual citizen like myself, who owns a house in Turkey.
As he will be eligible for applying to a work permit, he will apply and come with me until I finish the duration of my studies.

In that case you'll just have to apply and see what happens. Note that approval of his work permit is not guaranteed. If it's critical that he be able to come with you, I would recommend that you submit your study permit and his work permit together. Good luck.

 

[JudyMaskun]

thank you for your kind advice.