It had been a dream of nineteen-year-old Ella Hamilton to attend college in America after she had lived there for 10 years during her high school years. Hamilton reluctantly moved to Australia when she was 14 years old due to her fathers work.
Hamilton suffered through a "frustrating" and “overwhelming” 6-month battle with the American consulate with the hope of studying in the place she grew up in. However, she was rejected 3 times due to suspicion of illegally outstaying her visa.
“I felt like I was being punished for growing up there” said Hamilton – “America was my home and I never imagined myself going anywhere else.”
Over the past 17 years, American politicians have worked to tighten their immigration and visa restrictions in response to the looming terrorist threat after the attack on the World Trade centre in 2001.
Hamilton was originally born in Wellington, New Zealand and moved to America when she was 5 years old. After 7 years Hamilton and her family obtained green cards allowing them to become permanent residents. However, in 2013 Hamilton was unwillingly moved to Australia for her fathers work.
"My Dad promised that I could come back to America for college because he knew I didn't want to leave and had always wanted to study there."
In 2016, Hamilton was accepted into the University of Colorado, Boulder and began the process of applying for a visa in March 2017 with the semester beginning in August.
She applied for an SB1 Visa, which is given to those who had once owned a green card but were taken out of America in a circumstance beyond their control.
Her motives were thoroughly questioned - “they asked me for a written and signed agreement with my father – how ridiculous is that? I was only 14!” said Hamilton.
This attempt was denied on the basis that there was not satisfactory proof that she was taken out of her will – despite the fact she was dependent on her family, both mentally and financially.
“I felt so alien – like a stranger to my own home,” she said – “my voice was shaking in the Consulate and I was in tears after they rejected me.”
Hamilton then applied for an F1 Student Visa, which would allow her to complete her degree in America, under the condition that she would return to Australia once her studies had concluded.
This attempt was rejected, as her ties to Australia were “too vague” to prove that she would return. She said that unless there is proof, they assume you will stay illegally.
"They were treating me like I was a terrorist" said Hamilton.
“What happened to innocent until proven guilty?” she said angrily. When Hamilton asked the staff member what would be considered “strong ties,” marriage or owning property was the answer she was given.
“I am 19 years old, my whole family is in Australia,” said the college student, she explained that these expectations were unrealistic for 19 year old. She described the Consulate staff as condescending, patronising and rude.
“They have far too much power – I do not trust immigration officers,” she said. “They're all really rude to you and you cant be rude back because they have the power. They make you feel like a threat”
Hamilton explained “it was just the way they looked at you and spoke down to you, they instantly doubted your intentions” – she describes how one staff member cut her off before she could even explain her situation.
She hired an immigration lawyer who advised her to sign a written declaration of her intention to return home after her studies and had no plan to illegally outstay her visa. However, for the third time Hamilton’s attempt was unsuccessful as they deemed this proof inadequate.
Despite there being only a 2% chance of success, Hamilton’s lawyer made the suggestion she attempt to apply for a visa from New Zealand. Because she was a citizen and had other family ties there, she was more likely to prove her intentions of returning home.
Hamilton decided to make a desperate trip to New Zealand and finally met with someone who was understanding and compassionate. “Let me fix this for you” he said before accepting her visa.
"I was so surprised, I didn't expect it at all! I ran into the coffee shop next door to tell my dad and I was in tears with happiness."
Ella has been in Colorado, America since July 2016 and has loved her college experience thus far - "It feels so good to be home and studying in the same way I always imagined I would.”
