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

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Here, we finalize our list of the top 15 trends and observations relating to Section 212(a)(6)(C)(i) – findings of willful, material misrepresentations: 11. The Role of ICE/HSI.   Most individuals who have either submitted a work or immigration petition or application or entered the United States are familiar with the government agencies involved in those processes – US Citizenship and Immigration Services (USCIS) and Customs and Border Protection (CBP), respectively.  And many are familiar with Immigration and Customs Enforcement (ICE) as the “immigration police”: ICE enforces US immigration laws within the United States.  But not many are aware that the Homeland Security Investigations (HSI) branch of ICE has officers embedded into certain consulates overseas and that those officers make findings of inadmissibility. ICE denies that it makes such findings – its position is that it is the consular officer who makes such findings, not ICE.  However, we have seen internal government…

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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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The Fat Lady, Stowaways, and Alien Smugglers

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“It ain’t over till the fat lady sings…”  The opera expression widely used in sports has taken on a whole new relevance in the immigration world.  No longer are government agencies approving applications and deferring to previously-approved applications or adjudications. Rather, they are reopening past applications – from 3, 5, 10, 15, 20 years ago – searching for misrepresentations, inconsistencies, and loose ends to thwart applications for visas, changes to status, and adjustment of status. You are so close to getting that long-desired visa or green card, but the “fat lady” – in these cases, USCIS and the State Department consular posts – doesn’t want the “opera” to end. The boundaries are unlimited. Even relatively obscure provisions of immigration law, such as the “stowaway” provision, are being invoked more and more.  A stowaway is someone who obtains transportation without consent and through concealment.  Anyone who enters the US by a…

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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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Just Because They Say So, Doesn’t Make It True

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 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 to the interview, the client and I had reviewed all of the relevant legal issues, including the physical presence and continuous residence requirements, and I assured her that she met the requirements for naturalization.  The officer was kind enough to speak with me over the phone, but remained unpersuaded from her position that the residency requirements were not met. The client left the USCIS office and went home extremely upset, notwithstanding my attempts to calm her down and assurances that we were in the right and would be able to challenge any adverse decision. And then, two hours after the interview, something strange happened: I received an e-mail notification from…

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Visa Revocation – Not Just Related to Criminal Activity

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Most people understand that if they are arrested, it is possible that their visas will be revoked.  DUIs, drug possession, domestic violence, shoplifting – these are just some of the situations in which individuals with valid visas have their visas revoked.  But what is less known – and understood – is that the Department of State has the ability to revoke visas for any reason in which eligibility is questioned.  In other words, the inquiry into whether an individual qualifies for a visa does not stop at the time of issuance; it is a process that can be – and often is – reactivated at any time after issuance.  In fact, we are seeing more revocations for non-criminal issues than criminal problems. So what leads to this re-examination of an individual’s eligibility? The trigger points for such a “verification reactivation” are numerous.  For example, consular officers conduct validation studies, checking…

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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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DV-2015 Lottery Fever

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Congratulations to the winners of the DV-2015 Green Card Lottery. Against great odds, you were selected. Now comes the hard part. As you know, selection does not guarantee a visa. 125,514 individuals were selected for DV-2015 (out of 9,388,986 entrants), but only 50,000, including their family members, receive visas. Winners must receive their visas by September 30, 2015 or before the 50,000 quota or 3,500 country quota is exhausted. In general, the lower the case number, the earlier the interview and the better chances of receiving the visa before the elapse of the program. Interviews will commence October 1, 2014. The big difference in DV processing this year is that the selectees and their family members will submit their immigrant visa application online and no paper will be filed with the Kentucky Consular Center (KCC). Each Lottery visa applicant must meet the general requirements for admissibility to the United States….

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Stupid is as Stupid Does or When Will We Enact Comprehensive Immigration Reform?

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People do stupid things.   Sometimes, for no reason at all, sometimes, for reasons that are entirely understandable. That doesn’t mean you or I would do it, but… Yesterday a couple from the Ukraine contacted me about their situation.  About nine months after “Ivan” received his green card, he married “Lena”.  They love each other, grew up together, and had spent a lot of time together.  But now Ivan lives in the US as a permanent resident and has a good job; Lena lives in the Ukraine.  US law on family immigration subjects spouses and children of green card holders to quotas.  The current wait for spouses located overseas to be unified with their loved ones in the US is nearly four years.  Because of this long wait, Lena and Ivan started to explore other options to speed up their reunification. First, Lena tried to obtain a tourist visa from the…

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