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Z contacted our firm recently with an unusual request: help him submit a new B visa application to a US consulate after he was told that his previous application was “closed." Not understanding exactly what this meant, I asked him to forward any correspondence he had received from the consulate. The correspondence stated that because more than one year had elapsed since his interview, the case had been closed administratively and that if he wanted to pursue a US visa, he would have to reapply again. A reapplication meant that he would have to submit a new DS-160 application form and pay a new visa application fee. But this was wrong — his application had been pending under Section 221(g), and the US government failed to take any action on his application. The government cannot “sit on” an application and then use that non-action to “close” a case. If that…

Another myth that we often encounter is the belief that having a green card is almost the equivalent of US citizenship. People think that with the exception of having a US passport and the right to vote, being a permanent resident confers the same rights as a US citizen. Unfortunately, that is not the case. A green card can be taken away; with very limited exception, citizenship cannot. A green card holder may be considered to have abandoned his US residence and have his green card taken away. A green card holder can have his green card taken away if he commits a crime. With the Trump Administration, this is becoming more and more of a real possibility. I was reminded of this the other day reading the story of Phillip Clay. Mr. Clay was adopted from Korea in 1983 when he was 8 years old. Because US law at…

I am often contacted by those refused visas under Section 214(b) of the Immigration and Nationality Act, and asked: “How can this be? I have great ties to my country. Married, kids, a good job. How can they say I don’t have enough ties?” Unfortunately, many do not understand that “ties” are only a part of the 214(b) equation; another factor considered by consular officers is whether the purpose of the trip to the US corresponds to the type of visa applied for. A gentleman recently contacted me about B-1 business visa refusals under 214(b). His problem was not that he lacked ties to his home country, but that he planned to work in the United States on the visa. It sounded like he received bad advice from an incompetent attorney, and then “dug his own grave” by attempting to obtain the visa under varying pretexts. His case was sympathetic…

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.

In our previous blog, we highlighted the worldwide B visa refusal rates. But those DOS published rates do not convey the entire picture. As any politician knows, when making any tally, the actual number is not important, but how one determines that number that is. The Department of State is no different. The Department of State publishes adjusted refusal rates. The actual refusal rates are not published. In all likelihood the actual refusal rate is higher, and perhaps in some circumstances, substantially so. So how does the DOS “adjust” its statistics? It does so by only counting the last consular action on a particular applicant in a fiscal year. For example, if a businessman applied for a visa and was denied two times in 2015, and on his third attempt, he receives a visa in 2015, only the issuance will be counted; the two refusals will not be counted. If…