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Previously, USCIS overseas offices had responsibility for reviewing I-601 immigrant waiver applications. This led to inconsistent adjudications among various overseas offices and extreme variations in processing times. We first discussed the patent unfairness of this system on this blog back in November 2011. To remedy these problems, in June 2012 USCIS centralized the processing of I-601 waivers at the Nebraska Service Center in the United States. The impact can now be seen, and should give those who had been previously denied by a USCIS overseas office hope. As noted in our 2011 blog, the approval rates at certain USCIS overseas offices were dismal at best. For example, in Accra, Ghana, which had jurisdiction and reviewed waiver applications from numerous countries in Africa, its approval rate in 2010 was 22%. The Rome USCIS Office had an approval rate of 25%. Moscow and Athens hovered around 40%. Contrast that with the approval…

With the DV–2016 registration period in full swing, this is a good time to raise awareness about potential pitfalls encountered by DV applicants. Perhaps the most seemingly innocuous requirement — submission of a photograph with the entry — is the one most easily overlooked. The Diversity Lottery has several rules relating to the photograph submitted with the entry: 1) it must be on a neutral, light-colored background (dark or patterned backgrounds are not permitted); 2) it must be in focus; 3) no decorative items such as sunglasses or other items can detract from the face; 4) non-religious head coverings or hats are not permitted; and 5) the person must be looking directly at the camera. But as is usually the case, the Kentucky Consular Center does not disqualify the entries at the time of intake during the registration period or after selection: it is only after the visa applicant is…

Last year we wrote about a student visa applicant in Russia going through 7 interviews to receive a US visa. Not to fall behind their brethren in Russia, US consular officials in Nigeria are no slouches in running Nigerian students through the visa gamut, a veritable Lagosland of adventure, obstacles, and consular vengeance. Consider the case of Yvonne. Yvonne comes from a well-to-do family of professionals and is an honors science student at a US university. During her junior year, she was caught shoplifting at a store, with the value of the merchandise less than $100. She was convicted under the state’s 1st time shoplifting statute. When she returned to Nigeria and filled in a visa application, she failed to indicate that she had been cited for shoplifting. The initial consular officer at the consulate in Lagos orally approved the application. Upon discovery of the shoplifting, the same officer called…

The story was not unusual. Ekaterina arrived in the US on a B-1 visa. She became acquainted with an incompetent lawyer, one who did not charge for an initial consultation. The lawyer, more interested in making a sale because he could not live on free consultations, told her that she could qualify for L-1 status. They then signed a legal services agreement and Ekaterina made a substantial payment. The lawyer and Ekaterina began preparing to file the L-1 petition. The lawyer opened an American company; Ekaterina opened a corporate bank account and placed funds on the account; and on behalf of the company, Ekaterina leased an office, paying rent for three months in advance. After this, the lawyer filed the L-1 petition for her to change her status. After USCIS sent a Request for Evidence, the lawyer prepared a response. Unfortunately for Ekaterina, the response was inadequate, and USCIS denied…

US consular posts around the world are experiencing significant delays in printing nonimmigrant visas because of a software problem. The Department of State advises that visa applicants should expect delays of 10–14 days in the issuance of nonimmigrant visas. This is consistent with our experience; for example, a client was interviewed for a work visa on July 21 and issued his visa on July 31. The Department of State continues to process immigrant visas, including Diversity Lottery visas and emergency visas, quickly — within 2–3 days. Also, individuals with valid visas are not impacted because they do not need a new visa. Similarly, individuals traveling under the Visa Waiver Program are not impacted by the delays because they do not need a visa. However, nonimmigrant visa applicants will continue to be affected because, according to the Department of State, it will take weeks to rectify the problem. Bottom line: Nonimmigrant…