16 Reasons a Consul Finds Your K-1 Case Suspicious

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Today we are publishing a new article about K-1 visas.  In the article we discuss the 16 primary reasons a consul finds a K-1 case suspicious. The article also highlights the 4 steps the American citizen and fiancée can take to prevent denials. Finally, the article discusses in detail how to deal with a 221(g) refusal, an accusation of a sham relationship, and what to do if the petition is sent back to USCIS. The most important takeaway from the article: just because there is a real, sincere relationship does not mean that the K-1 visa will be issued. A lack of evidence, a weak interview, or a skeptical consul who believes he knows the fiancee’s “true intentions” better than the US petitioner can sabotage a K-1 case.  Contact us to discuss your case.

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Innocent Visa Applicants Applying for Nonimmigrant and Immigrant Waivers

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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 the decision, admit that you were wrong, say you are sorry, and apply for the waiver. They say that your chances of receiving the waiver will be increased if you admit your guilt and express remorse, even if you did not do anything wrong. But what if you are not “guilty”?  What if you did not commit a material misrepresentation (Section 212(a)(6)(C)(i))? Or engage in alien smuggling (Section 212(a)(6)(E))? Or commit a crime of moral turpitude (Section 212(a)(2)(A)(i)(I))?  Should you admit you were wrong? Of course not. There are legal mechanisms to challenge such lifechanging decisions, such as a Request for Reconsideration.  Sometimes, the supervisor of the consular officer or…

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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?

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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 the Voluntary Statements to the applicants;[1] used false pretenses to entice applicants to sign the Statements; and dictated the text of the Statements, which may contain material misstatements leading to decisions to bar the applicants. So if the Statements are “voluntary”, as consular staff insist, and the false statements therein subject the applicants to immigration and criminal consequences, what consequences should befall the initiators and overseers – consular staff and their managers – of the false statements? U.S. law has a number of criminal statutes dealing with false statements. 18 U.S.C. § 1621 is the perjury statute, providing for imprisonment up to five years and a fine.[2]  The perjury can…

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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?

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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 these statements. Rather, they are bullied, coerced, and compelled to write the statements. Worse, consular staff dictate the text of the statement under threat of permanent bar from the United States.  Even worse, the statements often contain materially erroneous information. One applicant said that US consular staff “threatened me that they will [b]an me from going back to USA if I don’t agree with their version of the story.”  Another stated: “At the end when she asked me to write down the statement, she especially [sic] dictated the whole thing to me.” Not only had this applicant been advised to indicate wrong information in her statement, but the officer attempted…

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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?

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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…

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

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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 circumstances under which these “Voluntary Statements” are written – and the legal aspects of these Statements, some of which may in fact implicate consular officers themselves in potentially unethical and unlawful conduct.  In this four-part series of articles, visa applicant and consular behavior, as well as the circumstances under which these Voluntary Statements are used, will be examined. As background, to the personal knowledge of the author, the Embassy in New Delhi, the Consulate General in Hyderabad, and the Consulate General in Mumbai (under Consular Section Chief Michael Evans) have all used these Voluntary Statements against visa applicants in India.  Peculiarly, it does not appear that consular officers at other…

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New Department of State Rules Channel Trump: The 90 Day Rule and Hire American

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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 the Foreign Affairs Manual, the State Department’s guidance to consular officers making visa decisions.  The revisions, unfortunately, are not for the better for visa applicants. 90 Day Rule The most important change – with the most severe potential consequences – relates to the pronouncement of a new 90 day rule.  This rule supplants the previous 30/60 day guidance. The 90 day rule states that “if an alien violates or engages in conduct inconsistent with his or her nonimmigrant status within 90 days of entry,” the consul may presume that the “applicant’s representation about engaging in only status-compliant activity were willful misrepresentations of his or her intention in seeking a visa…

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Myth #4 – Having a real relationship with a US citizen means you will get a fiancée or spousal immigrant visa

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From India to Saudi Arabia to Armenia to the Philippines to Vietnam, the US Government is cracking down on bogus relationships – and real ones too. The events in San Bernardino a couple of years ago – when a woman who came to the US on a fiancée visa and her US citizen husband killed 14 people – triggered a government crackdown and more rigorous scrutiny of fiancée and spousal visas.  Unfortunately, we are seeing how many legitimate visa applicants are being victimized – and ending up in Visa Hell as a result. Consular officers have a difficult job – trying to distinguish between a real relationship and a sham one. The visa applicant is asked a lot of questions at the interview about the US citizen petitioner, his family, employment, and meetings. Where does he live? Where do his parents live? How many people attended your wedding? When was…

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Alien Smuggling – Hope for the Accused

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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 than 6,000 times, an increase of more than 20% from the year before. What are the standards for a finding of alien smuggling, and what categories of people have been subject to this provision of the INA? A consular officer can make an alien smuggling finding if he or she decides that a visa applicant has, at any time, knowingly “encouraged, induced, assisted, abetted or aided…” another alien “to enter or try to enter the United States” in violation of law. The Immigration Act of 1990 abolished the “for gain” requirement, so a consular officer does not need to find that the applicant had a profit motive or received money…

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