Visa Competence, Consultations, and Consequences

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The story was not unusual.  Ekaterina arrived in the US on a B-1 visa. She became acquainted with an incompetent lawyer, one who did not charge for an initial consultation.  The lawyer, more interested in making a sale because he could not live on free consultations, told her that she could qualify for L-1 status.  They then signed a legal services agreement and Ekaterina made a substantial payment. The lawyer and Ekaterina began preparing to file the L-1 petition. The lawyer opened an American company; Ekaterina opened a corporate bank account and placed funds on the account; and on behalf of the company, Ekaterina leased an office, paying rent for three months in advance.  After this, the lawyer filed the L-1 petition for her to change her status. After USCIS sent a Request for Evidence, the lawyer prepared a response.  Unfortunately for Ekaterina, the response was inadequate, and USCIS denied…

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Visa Delays

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US consular posts around the world are experiencing significant delays in printing nonimmigrant visas because of a software problem. The Department of State advises that visa applicants should expect delays of 10-14 days in the issuance of nonimmigrant visas. This is consistent with our experience; for example, a client was interviewed for a work visa on July 21 and issued his visa on July 31. The Department of State continues to process immigrant visas, including Diversity Lottery visas and emergency visas, quickly – within 2-3 days. Also, individuals with valid visas are not impacted because they do not need a new visa. Similarly, individuals traveling under the Visa Waiver Program are not impacted by the delays because they do not need a visa. However, nonimmigrant visa applicants will continue to be affected because, according to the Department of State, it will take weeks to rectify the problem. Bottom line: Nonimmigrant…

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