Category Archives: Misrepresentation

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

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

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