Author Archives: admin

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

Visa Trends – Higher Refusal Rates in 2015

The Department of State recently published its 2015 refusal statistics for B visas.  Several countries exceed the 60% mark: Syria, Gambia, Federated States of Micronesia, Mauritania, Liberia, Laos, Haiti, Somalia, Guinea-Bissau, Ghana, Cuba, and Afghanistan.  Among the most populous countries, … Continue reading

Posted in 214(b), Consular Officers, Department of State, US Embassy Delhi, US Embassy Kyiv, US Embassy Moscow, Visa Denial, Visa Refusal, Visa Refusal Rates | Leave a comment

Immigrant Waivers – New Hope for the Refused?

Previously, USCIS overseas offices had responsibility for reviewing I-601 immigrant waiver applications. This led to inconsistent adjudications among various overseas offices and extreme variations in processing times.  We first discussed the patent unfairness of this system on this blog back … Continue reading

Posted in Extreme Hardship, I-601, Immigrant Waiver, Section 212(h) waiver, Section 212(i) waiver, USCIS, Waiver | Leave a comment

Call for Lottery Rejects on Photograph Grounds: Discrimination, Arbitrariness, Selective Enforcement

With the DV-2016 registration period in full swing, this is a good time to raise awareness about potential pitfalls encountered by DV applicants.  Perhaps the most seemingly innocuous requirement – submission of a photograph with the entry – is the … Continue reading

Posted in Consular Officers, DV-2016, Green Card Lottery, US Embassy Tashkent | Comments Off

Lagosland: US Visa Odyssey of a Nigerian Student

Last year we wrote about a student visa applicant in Russia going through 7 interviews to receive a US visa. Not to fall behind their brethren in Russia, US consular officials in Nigeria are no slouches in running Nigerian students … Continue reading

Posted in 212(a)(2)(A)(i)(I), Crime of Moral Turpitude, F-1 Visa, Petty Offense Exception, Student Visa, US Consulate Lagos | Comments Off

Visa Competence, Consultations, and Consequences

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 … Continue reading

Posted in 214(b), Abandonment of Green Card, Change of Status, Extension of Status, L-1 Visa, Misrepresentation, Visa Denial, Visa Refusal | Comments Off