Author Archives: admin

Innocent Visa Applicants Applying for Nonimmigrant and Immigrant Waivers

With the dramatic upsurge in consular decisions to permanently bar visa applicants from the United States, the question of applying for an immigrant or nonimmigrant waiver has become more and more acute.  Many immigration lawyers will advise to just accept … Continue reading

Posted in 212(a)(2)(A)(i)(I), 212(a)(6)(C), 212(a)(6)(E), Alien Smuggling, Crime of Moral Turpitude, I-601, Immigrant Waiver, Misrepresentation, Nonimmigrant Waiver, Request For Reconsideration, Section 212(h) waiver, Section 212(i) waiver, Visa Denial, Visa Fraud, Visa Refusal, Waiver | Leave a comment

221(g), a Consular Wall, and Unavailable Documents

You have been denied under Section 221(g) of the Immigration and Nationality Act and despaired because the consular officer demanded a document that is unavailable or unobtainable. Although rare, this does happen – perhaps a birth certificate was lost and … Continue reading

Posted in 221(g), Consular Officers, Department of State, DNA Test, Unobtainable Document | Leave a comment

Challenging Visa Denials and Revocations after an Interpol Red Notice or a Kangaroo Court Conviction

Interpol conjures up images of a worldwide police tracking down “bad guys” on the run from home country authorities.  But Interpol is not a law enforcement agency: it does not issue warrants and does not have the authority to make … Continue reading

Posted in 212(a)(2)(A)(i)(I), 214(b), Asylum, Consular Officers, Crime of Moral Turpitude, Department of State, Interpol Red Notice, Political Offense Exception, Visa Denial, Visa Refusal, Visa Revocation | Leave a comment

The Value of the Freedom of Information Act (FOIA)

One critical tool in challenging errant visa decisions of consular officers is through the Freedom of Information Act (FOIA).  While the FOIA process with the Department of State is extremely limited in visa cases, sometimes consular officers rely on inaccurate … Continue reading

Posted in CBP, Consular Officers, Department of State, Drug Enforcement Administration, Federal Bureau of Investigation, Freedom of Information Act, Freedom of Information Act Exemptions, Immigration and Customs Enforcement, Revocation, Visa Denial, Visa Refusal, Visa Revocation | Leave a comment

Visa Myth #981 – “If I get a 2nd Passport, My US Visa Problems will be Solved.”

This myth has been going around for years – no doubt perpetuated by representatives of 2nd passport programs.  A national of Country X has US visa problems – because of a criminal incident 20 years ago making him inadmissible to … Continue reading

Posted in 212(a)(6)(C), 214(b), 2nd Passport, Crime of Moral Turpitude, Electronic System for Travel Authorization (ESTA), Misrepresentation, Nonimmigrant Waiver, Visa Waiver Program (VWP) | Tagged | Leave a comment

Just Because They Say So, Doesn’t Make It True

 I received a frantic call from a client recently at her naturalization interview.  She was being advised by the interviewing officer that her application was going to be denied because she did not meet the residency requirements.  In the run-up … Continue reading

Posted in 212(a)(2)(A)(i)(I), 212(a)(6)(C), 212(a)(6)(E), Alien Smuggling, Consular Officers, Crime of Moral Turpitude, Immigrant Waiver, Misrepresentation, Naturalization, Nonimmigrant Waiver, Petty Offense Exception, Pop-up Marriage, Request For Reconsideration, Sham Marriage, Visa Rights | Leave a comment

Zombies and Petition Revocations

What do zombies and petition revocations have in common?  Just when you thought they have died a permanent death – never to be seen again or heard from again – they come back to life, sometimes with devastating consequences. This … Continue reading

Posted in Department of State, Green Card Lottery, H-1B, L-1 Visa, Naturalization, O-1 Visa, Petition Revocation, Visa Revocation | Leave a comment

The Culture of No and 214(b) Student Visa Denials

The Department of State does not publish separate statistics for student visa denials, but judging by the number of phone calls we have been recently receiving from rejected students on Section 214(b) grounds, it appears that the Culture of No … Continue reading

Posted in 214(b), Student Visa, Visa Denial, Visa Refusal | Leave a comment

Stunning Newly-Released Department of State Statistics Show Increases in Public Charge, Misrepresentation, Alien Smuggling, 214(b) Denials

The statistics stun – even the most callous observer.  In just two years, the number of individuals denied immigrant visas under the public charge section of the law (Section 212(a)(4) of the Immigration and Nationality Act) has increased more than … Continue reading

Posted in 212(a)(4), 212(a)(6)(C), 212(a)(6)(E), 214(b), Alien Smuggling, Misrepresentation, Public Charge, Visa Refusal, Visa Refusal Rates | Leave a comment

Cheap is Expensive. How Paying for a Visa Consultation Can Save You from a Visa Denial.

Every day, we receive e-mails such as these: “Hello, I was denied a Returning Resident Visa. Can you help?” “Good day. I have traveled to the US 10 times over the past 5 years and never had a problem. When … Continue reading

Posted in 212(a)(6)(C), 214(b), Misrepresentation, Visa Denial, Visa Refusal | Leave a comment