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Just because you have arrived at an airport in the United States does not mean that you are protected by the US Constitution and the right to be free from unreasonable searches. This is the unfortunate lesson learned by hundreds of travelers each day to the US.  Worse, the messages on one’s own phone can lead to a cancelled visa, a return trip home, and a permanent ban on entry. As international travel has reemerged after the pandemic, so have the problems experienced by international visitors to the US. Just over the past few months we have conducted numerous consultations with individuals subject to intrusive CBP searches at the airports, including luggage checks and the contents of telephones.  These searches have led to accusations of unlawful employment (most common), prostitution, drug use, intent to remain in the US beyond the length of permitted stay, intent to marry, and intent to…

After the ICE press conference in October, it appeared that the US Government was winding down its investigation of AZTech, Integra, Andwill and Wireclass.  It appeared that those associated with The Four companies would be getting resolution one way or another. That conclusion, it turns out, was premature. As you know, there are four US government agencies primarily involved in the administration and enforcement of US immigration laws. They are Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), US Citizenship and Immigration Services (USCIS), and the Department of State through its local embassies and consulates.  ICE are the immigration police; it also is responsible for the administration of the SEVIS and OPT programs.  CBP includes the airport and port-of-entry inspectors who verify the admissibility of individuals to the United States. USCIS adjudicates immigration benefits, including H-1B petitions, I-765 employment authorization applications, changes/extensions of status, and green card applications….

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 Nationality Act, visa records are considered confidential and not subject to disclosure. However, there is an exception for documentation submitted by the applicant; such documents are subject to disclosure. In the case of the Voluntary Statements in India, the consular officer does not give a copy to the applicant at the conclusion of the interview.  This, notwithstanding the draconian visa consequences and criminal liability that the applicant has been exposed to by signing the Voluntary Statement. The consular officer’s “Bible”, the Foreign Affairs Manual (FAM), makes it abundantly clear that these statements are releasable to the applicant: 2. d. (U) Documents Releasable to Applicant: The documents listed below are deemed…

As immigration enforcement ramps up, with more scrutiny and rigor exhibited by the government agencies involved (ICE, USCIS, DOS), one should not forget the role played by Customs and Border Patrol. Because they may have a visa, people tend to forget or underestimate the role played by the airport inspectors.  Those arriving at an airport are considered “applicants” for entry, and they are only admitted after the CBP inspector makes a decision on admissibility. Just like the other agencies, CBP has also heard the call for more vigorous enforcement of our laws, and is now actively engaged in screening out “undesirables” and visa violators.   Now that the government is much more interconnected than it was even 3-5 years ago, this means that the CBP inspector has access to information contained in visa applications and petitions. Another section of our website discusses in more detail the process of expedited removal, but…

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 the information insightful, and welcome your feedback.

http://www.ilw.com/articles/2012,0424-white.shtm

Thank you for your questions. On Sunday or Monday we will be posting a FAQ about the decision and potential future actions. In addition, we will be sending to named plaintiffs a letter. Thank you for your patience.

Attached is a brief statement on the court’s decision.

I am sorry to say that the Court has ruled against us.  I will have more commentary later, but I thought it important to post this news to all of you as soon as possible. Attached is the court order and decision. My heart goes out to all of you.

Thank you to those who attended the hearing today. The hearing allowed for an airing and narrowing of the issues. We anticipate a decision before Friday. We will keep you posted.

To all of you wishing to donate via Moneybookers, we have set up an account for your donations.  Here is the link on our site: http://www.visarefusal.com/donations/ Thank you to all of you who have donated to the cause. I have tried to send a personal note to all of you who have.  While I am handling this pro bono, other legal support, travel, and court-related expenses costs money, so your assistance in defraying these costs is most welcomed.

For those of you interested in attending the court hearing on Tuesday at 10 a.m., the court is located at 333 Constitution Avenue, NW, Washington, DC 2001.  This link has a map: http://www.dcd.uscourts.gov/dcd/location We of course welcome your attendance and support!  

I am happy to report that Michael Piston, an excellent immigration lawyer with 25 years of experience, has joined our team as co-counsel. Michael has been providing me with invaluable legal support throughout this effort, and I am very grateful that he will be able to join me at the hearing on Tuesday. Michael and I are focusing our efforts on preparing for the hearing, so there is no need to call with best wishes.  We feel your support over the miles.  Thank you.

Here is a nice short video explaining how the DV-2012 results were random: http://www.youtube.com/watch?v=Ak0Xm82drhE