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What do zombies and petition revocations have in common? Just when you thought they have died a permanent death — never to be seen again or heard from again — they come back to life, sometimes with devastating consequences. This came to mind when a former client, Alex, contacted me about his Diversity Visa case. He won the Green Card Lottery, but when he went to the Embassy for his interview, he was told that his application would be put on hold until questions about his 1998 L-1 petition were resolved. I had represented him back in 1998, after the Embassy sent his L-1 petition back to INS because of a “fraudulent office address” and his inability to describe his subordinates at his L-1 visa interview. We were able to resolve the fraudulent office address accusation at that time — the Embassy’s investigator had gone to the wrong (!) address…

The Department of State does not publish separate statistics for student visa denials, but judging by the number of phone calls we have been recently receiving from rejected students on Section 214(b) grounds, it appears that the Culture of No has adversely impacted potential students as well. In particular, consular attention — and denials — has been riveted to certain categories of students, including: 1) those older than the age of 25; 2) those planning to attend community college in the US; 3) those from economically distressed or provincial areas of the home country; 4) “eternal” students; 5) those with planned majors at the US university deemed to be of less practical value; 6) those with significant gaps in their work history; 7) those who previously dropped out of school; and 8) financial sponsors who are not immediate relatives. Consuls have very little time to conduct a student visa interview,…

The statistics stun — even the most callous observer. In just two years, the number of individuals denied immigrant visas under the public charge section of the law (Section 212(a)(4) of the Immigration and Nationality Act) has increased more than 12 times! Alien smuggling (Section 212(a)(6)(E)) findings doubled for immigrant visa applicants over the past year. Misrepresentation (Section 212(a)(6)(C)(i)) decisions for these applicants increased by more than 25%. 214(b) denials for those applying for nonimmigrant visas — more than 2.7 million — also edged upwards. The Department of State’s statistics table lists more than 50 visa ineligibility grounds. But one is hard pressed to remember such a radical increase in denials for a single ineligibility as with the public charge provision over the past two years. Incredibly, this massive increase is not a result of any changes in or amendments to the law itself. This would take congressional action. Rather,…

Every day, we receive e-mails such as these: “Hello, I was denied a Returning Resident Visa. Can you help?” “Good day. I have traveled to the US 10 times over the past 5 years and never had a problem. When I tried to board the plane to the US last week, I was told that my visa was revoked. Can you assist?” “Last summer I was barred from entering the US for five years. What are my options?” Not to be macabre, but imagine that you were diagnosed with cancer, and on the Internet, you look up the names of some cancer doctors, and you sent them e-mails, asking whether they can help you? What would the doctor respond? Similarly, when it comes to US visas, the only way to truly assess a case is by having a detailed discussion — about your personal circumstances, about what was indicated in…

Sometimes, it doesn’t make sense. When a potential client contacts us regarding a decision by a consular officer, we try to understand, first of all, why was the decision made? What caused the consular officer to make the decision he or she did? Often, we can understand the position of the consular officer; while we may not always agree with that position and in fact challenge the position, we at least can identify the problem. But sometimes, we are confounded. Take for example the situation of J. J contacted us after he had been turned around at the border by Customs and Border Protection. The CBP protocol memorializing J’s request to enter the US was clear: it said that J needed a different type of visa. He had previously been a student in the US, and he needed to obtain a visitor visa in order to return to the US…