Category Archives: Department of State

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

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

In the Dark as to Why the Consular Officer Permanently Barred You from the United States for a Material Misrepresentation, Alien Smuggling or a Crime of Moral Turpitude? There is Hope.

Sometimes, it doesn’t make sense. When a potential client contacts us regarding a decision by a consular officer, we try to understand, first of all, why was the decision made?  What caused the consular officer to make the decision he … 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, Department of State, Misrepresentation, Visa Refusal | Leave a comment

Visa Revocation – Not Just Related to Criminal Activity

Most people understand that if they are arrested, it is possible that their visas will be revoked.  DUIs, drug possession, domestic violence, shoplifting – these are just some of the situations in which individuals with valid visas have their visas … Continue reading

Posted in 212(a)(6)(C), 214(b), Consular Officers, Department of State, F-1 Visa, Misrepresentation, Sham Marriage, Student Visa, Unlawful Presence, Visa Revocation | Leave a comment

Part 3: Hadi Deeb: Tsar-Consul of Uzbekistan – “You are not proficient in your 3rd and 4th languages? Sorry, you are denied.”

The case of Mr. B is illustrative of the consular tyranny prevailing in Tashkent and how Mr. Deeb has apparently impacted Department of State decisionmakers in formulating visa policy. Mr. B. has a high school diploma and thereby satisfies the … Continue reading

Posted in 212(a)(5)(A), 212(a)(6)(C), Consular Officers, Department of State, DV-2018, DV-2019, Foreign Affairs Manual, Misrepresentation, Request For Reconsideration, US Embassy Tashkent, Visa Denial, Visa Refusal, Visa Rights | 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