All the Reasons USCIS Can Deny Your Employment-Based Green Card

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On this site we list 40 reasons an applicant for a student visa can be refused; 34 reasons for a visa denial under Section 214(b); 16 reasons for a K-1 visa refusal; and 14 reasons for an EB-3 visa denial. But not to be outdone, the US Citizenship and Immigration Services (USCIS), in its internal training materials, lists 31 reasons to deny an EB-13 multinational executive/manager immigrant petition; 7 reasons to deny a National Interest Waiver petition; 49 reasons to deny an EB-2 advanced degree/exceptional ability petition;  46 reasons to deny an EB-3 professional petition; 41 reasons to deny an EB-3 skilled workers petition; and 29 reasons to deny an EB-3 other workers petition.  These training materials, obtained as a result of filing a Freedom of Information Act request and suing USCIS, offer eye-opening details about the myriad of possible reasons that a petition can be denied. No wonder USCIS…

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Top 15 Trends and Observations in 212(a)(6)(C)(i) Visa Decisions – Part II

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Last week we began the list of the top 15 trends and observations relating to the consular imposition of permanent bars under Section 212(a)(6)(C)(i) for willful, material misrepresentations. Hopefully, this will inform and educate as you plan for future visa applications.  Here, we continue that list: 6. OPT Fraud.  Much ink and many tears have been shed over the OPT scandal, with the full impact only now being felt.  Starting in 2020, thousands of individuals have been permanently barred from the US for their association with scam OPT companies, such as Findream, AZTech, Integra, Wireclass, and Global IT Experts.  More can be read about this scandal on our blogs, but suffice to say that the consequences will be felt for the rest of the lives of not only these individuals, but close family members and American employers as well.  Instead of being able to live the American dream, these talented…

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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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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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