Author Archives: admin

New Department of State Rules Channel Trump: The 90 Day Rule and Hire American

US embassies and consulates abroad adjudicate more than 13 million visa applications a year, so when changes are made to the rules governing visa decisionmaking, the potential impact can be enormous. That is the case with two recent changes in … Continue reading

Posted in 212(a)(6)(C), 214(b), Change of Status, Department of State, Foreign Affairs Manual, L-1 Visa, Misrepresentation, Student Visa, Visa Denial, Visa Fraud, Visa Refusal | Leave a comment

Expedited Removal – A One Way Ticket Back Home

As immigration enforcement ramps up, with more scrutiny and rigor exhibited by the government agencies involved (ICE, USCIS, DOS), one should not forget the role played by Customs and Border Patrol. Because they may have a visa, people tend to … Continue reading

Posted in Uncategorized | Leave a comment

Consular Refusals and Lawyers Who Do Not Provide Legal Support for Visa Interviews

As is well-known, most employment and family cases involve a two-step process: 1) the submission of a petition to USCIS for approval; and 2) the completion of a visa interview at a US consulate or embassy outside the United States.  … Continue reading

Posted in 212(a)(6)(C), Misrepresentation, Petition Revocation, USCIS | Leave a comment

Myth #4 – Having a real relationship with a US citizen means you will get a fiancée or spousal immigrant visa

From India to Saudi Arabia to Armenia to the Philippines to Vietnam, the US Government is cracking down on bogus relationships – and real ones too. The events in San Bernardino a couple of years ago – when a woman … Continue reading

Posted in Fiancee Visa, K-1 visa, Revocation, Sham Marriage, Spousal Visa, US Embassy Delhi, US Embassy Manila, US Embassy Vietnam, US Embassy Yerevan, Visa Fraud | Leave a comment

Parole – The “Hail Mary” Option

The granting of parole was recently in the news. As discussed elsewhere on this site, parole is the “last chance” after other visa options have been exhausted.  A sympathetic case was the recent approval for a team of girls from … Continue reading

Posted in Department of Homeland Security, Humanitarian Parole, Visa Denial, Visa Refusal | Leave a comment

Myth #3 – A Consul can “close” a nonimmigrant visa application

Z contacted our firm recently with an unusual request: help him submit a new B visa application to a US consulate after he was told that his previous application was “closed.”  Not understanding exactly what this meant, I asked him … Continue reading

Posted in 221(g), Consular Officers | Leave a comment

Myth #2: A green card = Citizenship – US Passport – Voting Right

Another myth that we often encounter is the belief that having a green card is almost the equivalent of US citizenship.  People think that with the exception of having a US passport and the right to vote, being a permanent … Continue reading

Posted in Citizenship, Department of Homeland Security, Naturalization | Leave a comment

Myth #1: A 214(b) Denial is Only for a Lack of “Ties”

I am often contacted by those refused visas under Section 214(b) of the Immigration and Nationality Act, and asked: “How can this be? I have great ties to my country. Married, kids, a good job.  How can they say I … Continue reading

Posted in 214(b), B Visa | Leave a comment

Visa Myths

Every day in my practice I encounter erroneous information and false facts. With a view towards dispelling this misinformation, I am introducing a series of blogs to discuss some of the most popular visa myths.  I hope the reader finds … Continue reading

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How Does the Department of State Count Visa Denials? Or “When is a Visa Refusal Not a Refusal?”

In our previous blog, we highlighted the worldwide B visa refusal rates.  But those DOS published rates do not convey the entire picture. As any politician knows, when making any tally, the actual number is not important, but how one … Continue reading

Posted in 214(b), B Visa, Consular Officers, Department of State, Visa Refusal, Visa Refusal Rates | Leave a comment