Getting a visa is an iffy proposition, says immigration lawyer David Ware. Still, there are ways international students can lift their chances

Q: Is it as hard as everyone thinks for international students to obtain a student visa?
A: Yes and no. The perception that it is extremely hard is perhaps a little bit skeptical, but the perception that it is a crapshoot is completely justified. There's one factor -- assuming the person has adequate financing to study in the U.S. -- that the consul looks at to determine whether to grant the student visa: the ties to the home country and the likelihood that the person will return after finishing studies in the U.S.

This is codified into law in section 214B of the Immigration Nationality Act. This section states that applicants are presumed to be attempting to immigrate permanently to the U.S., unless they prove otherwise to the consul. Students must prove that they have a residence abroad that they have no intention of abandoning.

Q: How does the consul make that judgment?
A: Consuls have about three minutes to make a decision on each case. Usually, the consul doesn't go by specific evidence provided by the applicant, but rather the reading of the visa application and their gut feeling. They take into account the applicant's socioeconomic background; the conditions in the home country with regard to economy, social strife, and economic and social development; and the person's demographic profile.

Are they single or married? Are they leaving their family behind when they come to study in the U.S.? Does the degree they're getting make sense? These are a few of the different factors that they look at, and in three minutes or less, they coalesce all of these factors into a judgment: denial or grant.

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