Visa Revocations and OPT

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The consequences of the Immigration and Customs Enforcement (ICE) investigation of the US companies Findream, Sinocontech, AzTech, Integra Technologies, Wireclass, and Aandwill are now becoming evident. Thousands of students and young professionals, primarily Chinese and Indian, have had their visas revoked because of their past association with these companies.  Worse, it appears that the US Government has presumed that these individuals were aware of the fraudulent nature of the offers of training to comply with the Optional Practical Training program requirements and is entering decisions to permanently bar them from the United States under Section 212(a)(6)(C)(i) of the Immigration and Nationality Act (“6C”). For many of these individuals, it does not have to be this way. A US government official can only make this determination based on an individualized review. Everyone’s circumstances were different. What was his or her specific intent at the time of accepting the training offer? Was…

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A Visa Applicant’s Bill of Rights – What the Department of State and Your Local US Embassy/Consulate Often Do Not Want You to Know

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For visa applicants, the cards seem to be stacked against you.  Among the hurdles a visa applicant must face: The law places the burden on the visa applicant to prove eligibility for the visa and that he or she is not inadmissible to the United States. There are inadequate consular resources; at busy posts, consular officers can only allot a few minutes to a visa adjudication. There is no formal administrative appeals process of a visa denial (no Administrative Appeals Office, Board of Immigration Appeals, Board of Alien Labor Certification Appeals). With limited exception, there is no judicial review of visa decisions because of the  doctrine of consular reviewability. There is limited public accountability: no Department of State (DOS) Visa Ombudsman, no formal Complaint Procedure, and no formal recusal process. Section 428 of the Homeland Security Act grants the Department of Homeland Security (DHS) a vital role in the visa…

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The Last Chance Provided by Humanitarian Parole

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Today we are publishing an updated article on Humanitarian Parole on this site.  Many people are under the mis-impression that humanitarian parole only applies to medical emergencies. In fact, there are numerous situations that an application for humanitarian parole may be appropriate. For example, sometimes there are imperfections in US law which do not provide a legal solution for a situation which cries out for one.   Trying to fit a “square peg in a round hole” just will not work.  Well, sometimes, humanitarian parole can be the “round peg” that fits. For example, minor children who remain stuck in the home country after parents successfully adjusted status in the United States under the Diversity Lottery program. The law requires that the child receive a Diversity Visa by September 30. If he does not, then his parent would have to file an I-130 family immigration petition for him, which could take…

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212(a)(7)(A)(i)(I) – What To Do If You Are Turned Around at the Airport and Sent Home

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Today we are publishing an article on the site about Section 212(a)(7)(A)(i)(I) of the Immigration and Nationality Act. This is the decision of a Customs and Border Protection official at airports and other ports of entry not to allow an individual into the United States because he/she does not have the proper visa.  For visa holders, the CBP inspector revokes the visa with the inscription “22 CFR 41.122(e)(3)”. While CBP does not provide a breakdown on the number of times it actually invokes this Section, it is clear that this number has escalated substantially under the Trump Administration.  In 2017, the number of inadmissibility findings by CBP totaled 216,470.  In 2019, that number increased to 288,523, a 33% jump.  This number only relates to those who tried to enter the US legally – as a Visa Waiver Program participant or visa holder.  When invoking 212(a)(7)(A)(i)(I), CBP sends these individuals back…

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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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40 Reasons for F-1 Student Visa Denials

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Today we are publishing a new article on this site about student visas.  In the article, we catalog 40 reasons why an F-1 visa can be denied. Straightforward 214(b) rejections, complicated 212(a)(6)(C)(i) permanent bans, and protracted 221(g) delays are some of the most common problems arising from an F-1 application. What would appear to be a straightforward, simple visa process can turn into a veritable minefield for the unsuspecting.  And while some of the denial reasons may be beyond the control of the applicant, what is obvious is that some students are unprepared for the visa application process – with many receiving avoidable refusals.  Contact us to discuss your situation.

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Visa Myth #975 – “But They Gave Me 6 Months to Stay in the US!”

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At least a couple of times a month I get a similar, frantic phone call. “I just applied for a new visa, but it was denied. The consul didn’t like the fact that I spent 5 months in the US on my last trip.  I told him that the airport inspector allowed me to stay for 6 months. I didn’t do anything wrong!”  Or “My visa has been revoked. But I didn’t do anything wrong.  When I arrived in the US, they gave me 6 months to stay, so I did. I didn’t violate any laws, so why are they revoking my visa?!?” The revocation is done by either the consul or the airport inspector the next time the visa holder arrives in the US. There are many “red flags” here considered by the consul or airport inspector: The visa holder must remember that when he applies for a visa…

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FAQ on New Public Charge Rules – Part 2: Trouble ahead for Older Immigrants, Diversity Lottery Winners, and Immigrants without Job Offers, English Skills, or University Education

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On February 22, we published Part 1 of this FAQ. Since then, the Department of State, including all embassies and consular posts outside the United States, implemented the new rules. What practical changes have gone into effect? It is still too early to know exactly what each embassy and consulate will require from immigrant visa applicants.  However, in the few weeks since the rules went into effect, it appears that embassies and consulates processing immigrant visas are requiring 1) the completion and submission of the Form DS-5540 and 2) asset and income documents confirming the information in the Form.   The new Form DS-5540 asks about the immigrant visa applicant’s 1) age: 2) health; 3) household size; 4) assets; 5) current and future income; 6) liabilities; 7) past usage of public benefits in the US, if any; 8) education; and 9) trade/vocational skills. Documents confirming assets, such as real estate appraisals…

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Diversity Lottery Refusals

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We have just posted an in-depth article on this site about the various types of Diversity Lottery refusals – and how to prevent or challenge them.  At least 30,000 individuals go through Diversity Visa interviews every year – and don’t receive the visas.  Putting aside the approximately $10,000,000 in processing fees pocketed by the Department of State from unsuccessful applicants every year and millions more spent by these applicants in medical exams, travel, etc…, the article spotlights the veritable minefield of potential reasons for refusal.  One would think that the Lottery aspect of the Diversity Visa Program only applies to the selection – competing to be one of the less than 1% selected. But what many winners find is that even after selection the “Lottery” elements of luck and chance continue right up until September 30: until the visa is issued or denied or the application is not acted upon…

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Department of State Announcement on the Suspension of Routine Visa Services

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Suspension of Routine Visa Services Last Updated: March 20, 2020   In response to significant worldwide challenges related to the COVID-19 pandemic, the Department of State is temporarily suspending routine visa services at all U.S. Embassies and Consulates. Embassies and consulates will cancel all routine immigrant and nonimmigrant visa appointments as of March 20, 2020. As resources allow, embassies and consulates will continue to provide emergency and mission critical visa services. Our overseas missions will resume routine visa services as soon as possible but are unable to provide a specific date at this time. Services to U.S. citizens continue to be available. More information is available on each Embassy’s website. This does not affect the Visa Waiver Program. See https://esta.cbp.dhs.gov/faq?focusedTopic=Schengen%20Travel%20Proclamation for more information. Although all routine immigrant and nonimmigrant visa appointments are cancelled, the Machine Readable Visa (MRV) fee is valid and may be used for a visa appointment in the country…

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221(g): Visa Application Status Check Leads to Refusal Shock

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Visa applicants whose applications were pending under Section 221(g) received a shock yesterday morning when they went to check the status of their cases on the Department of State’s website.  Suddenly, the status of their cases changed to “Refused” from “Administrative Processing”.  Imagine the trauma inflicted on applicants who have been waiting months or even years to see that suddenly, their applications had been refused: their chance to immigrate, visit, study, or work in the US was denied. Only after reading the remaining text on the Status page does it become clear that the applications were not definitively denied, that they remain under adjudication, i.e, no final decision has been made. The small explanatory note under the bold heading of Refused states: If you were informed by the consular officer that your case was refused for administrative processing, your case will remain refused while undergoing such processing. You will receive…

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FAQ on New Public Charge Rules – Part 1: Trouble ahead for Older Immigrants, Diversity Lottery Winners, and Immigrants without Job Offers, English Skills, or University Education

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What are the new Public Charge Rules? Section 212(a)(4) of the Immigration and Nationality Act makes inadmissible immigrants who are “likely at any time to become a public charge”.  Practically speaking, in the past, if the sponsor in the United States had sufficient income (more than the poverty level) or assets, then the immigrant successfully received the visa or adjusted status. Now, the focus will be on the immigrant him or herself. The examiner will consider the personal circumstances of the immigrant: is it likely that he or she will become a public charge at any time in the future?  The circumstances to be reviewed include age, health, family size, financial resources, education and skills, and sponsor.  In short, this rule will adversely impact the elderly or soon-to-be-retired; those with medical conditions; the less educated; those with large families; those with few job prospects in the United States; those who…

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E-2 Visa Denials

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One usually does not associate the US Government Accountability Office with “interesting” reports, but last year’s report on E-2 visas was eye-opening.  Of particular note are the reasons why E-2 applicants are denied.  While the report is limited to examining certain countries, it provides critical insight into the thinking of consular officers and obstacles to obtaining E-2 visas. As a reminder E-2 visas are limited to nationals of countries with whom the United States has commerce and navigation treaties. The full list of countries can be found on the Department of State’s website, with 80% of all E-2 applicants originating from 9 countries: Japan, Germany, UK, France, Canada, Mexico, South Korea, Italy, and Spain. The majority of E-2 visa applicants are related to large investments (>$10 million) – think of managers and essential employees going from Japan to work in a large car plant in the United States.  However, the…

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No Statute of Limitations in Visa Law – A Distressing New Phenomenon with Tragic Consequences

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Statutes of limitation apply in criminal law. They were put into place to prevent the prosecution of an alleged wrongdoing after a certain number of years has gone by (usually 5-7 years). There are many reasons for this: evidence goes stale; witnesses are unavailable; memories fade; to allow for certainty and repose of the parties; and to prevent inconsistent decisions.  But there is no statute of limitations in visa/immigration law. With some exceptions, until recently, this has not been a significant problem.  But along with the anti-immigrant politics of the Trump Administration has come a new visa phenomenon: consular officers are now using the lack of a statute of limitations to “exhume” perceived past visa transgressions.  They are re-opening and reconsidering suspected visa violations – with no limitation of time or past consular “exoneration”.  Consular officers are now revisiting such transgressions from 5, 10, or even 15 years ago –…

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