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

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

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

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

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

Part 2: Hadi Deeb: Tsar-Consul of Uzbekistan – A Stillborn Baby, An Infertile Woman, and “Why aren’t you Married?”

As background, some information about the Diversity Lottery is in order. The State Department administers the Diversity Lottery program, which allows for individuals from low-immigration countries with a high-school education or its equivalent or certain work experience to qualify to … Continue reading

Posted in 212(a)(5)(A), 212(a)(6)(C), 212(a)(6)(E), Alien Smuggling, Consular Officers, DV-2018, DV-2019, Foreign Affairs Manual, Misrepresentation, 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

(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

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