Category Archives: 212(a)(6)(C)

Rights of Visa Applicants

You have rights.  Yes, if you have been denied a visa, you have rights. The Department of State’s Customer Statement lists only some of those rights, as follow: We promise to you, the visa applicant, that: We will treat you … Continue reading

Posted in 212(a)(6)(C), 214(b), F-1 Visa, Family Immigration, Misrepresentation, Nonimmigrant Waiver, Request For Reconsideration, Visa Denial, Visa Refusal, Visa Rights, Waiver | Leave a comment

Part 4: (In)Voluntary Statements of Visa Applicants at the US Consular Posts in India – Are US Consular Officers Engaging in Unethical and Unlawful Conduct?

So to summarize the first three articles in this series, under threat of immigration and criminal consequences, consular staff in India have compelled visa applicants to write and sign Voluntary Statements.  This staff have refused to turn over copies of … Continue reading

Posted in 212(a)(6)(C), 212(a)(6)(E), Alien Smuggling, Consular Officers, Department of State, Misrepresentation, Office of Inspector General Department of State, US Consulate Chennai, US Consulate Hyderabad, US Consulate Mumbai, US Embassy Delhi, Visa Fraud, Voluntary Statement | Leave a comment

Part 3: (In)Voluntary Statements of Visa Applicants at the US Consular Posts in India – Are US Consular Officers Engaging in Unethical and Unlawful Conduct?

So why don’t consular officers wish to give copies of these Voluntary Statements to visa applicants? Maybe because they are not so “voluntary” after all. As explained to me by several visa applicants from India, they do not voluntarily provide … Continue reading

Posted in 212(a)(6)(C), 212(a)(6)(E), Alien Smuggling, Consular Officers, Department of State, Misrepresentation, Office of Inspector General Department of State, US Consulate Chennai, US Consulate Hyderabad, US Consulate Mumbai, US Embassy Delhi, Visa Fraud, Voluntary Statement | Leave a comment

Part 2: (In)Voluntary Statements of Visa Applicants at the US Consular Posts in India – Are US Consular Officers Engaging in Unethical and Unlawful Conduct?

The first indicator of the questionable nature of these Voluntary Statements are the lengths to which consular officers go to obstruct their disclosure to the visa applicant. As a general rule and enshrined by Section 222(f) of the Immigration and … Continue reading

Posted in 212(a)(6)(C), 212(a)(6)(E), Alien Smuggling, Consular Officers, Department of State, Misrepresentation, Office of Inspector General Department of State, Uncategorized, US Consulate Chennai, US Consulate Hyderabad, US Consulate Mumbai, US Embassy Delhi, Visa Fraud, Voluntary Statement | Leave a comment

(In)Voluntary Statements of Visa Applicants at US Consular Posts in India – Are US Consular Officers Engaging in Unethical and Unlawful Conduct?

Consular officers at the US Consulates and Embassy in India periodically require visa applicants to write “Voluntary Statements.”  These Statements are used as admissions of guilt to deny and permanently bar visa applicants. But what is little known are the … Continue reading

Posted in 212(a)(6)(C), 212(a)(6)(E), Alien Smuggling, Consular Officers, Misrepresentation, Office of Inspector General Department of State, US Consulate Chennai, US Consulate Hyderabad, US Consulate Mumbai, US Embassy Delhi, Visa Fraud, Voluntary Statement | Leave a comment

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

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

DV-2015 Lottery Fever

Congratulations to the winners of the DV-2015 Green Card Lottery. Against great odds, you were selected. Now comes the hard part. As you know, selection does not guarantee a visa. 125,514 individuals were selected for DV-2015 (out of 9,388,986 entrants), … Continue reading

Posted in 212(a)(6)(C), 221(g), Consular Officers, DV-2015, Green Card Lottery, I-601, Immigrant Waiver, Sham Marriage, Visa Denial, Visa Refusal | Comments Off

Alien Smuggling – Hope for the Accused

Consular officers permanently bar more visa applicants every year for “alien smuggling” than any other provision of the Immigration and Nationality Act except misrepresentation. In 2012 alone, consular officers invoked the alien smuggling provision of the INA, Section 212(a)(6)(E), more … Continue reading

Posted in 212(a)(6)(C), 212(a)(6)(E), Alien Smuggling, Family Immigration, Misrepresentation, Pop-up Marriage, Visa Fraud | Comments Off

No Statute of Limitations on Visa Application Lies

Let’s say you had a run-in with the law a long time ago. As a result, you were convicted of fraud. But it happened so long ago that you do not give much thought to it. So when you applied … Continue reading

Posted in 212(a)(6)(C), Crime of Moral Turpitude, Immigrant Waiver, Misrepresentation, Nonimmigrant Waiver, Request For Reconsideration, Section 212(h) waiver, Section 212(i) waiver, Visa statute of limitations | Comments Off