FAQ on Court Decision

Posted on July 18, 2011

Please see the attached FAQ (faqdecision).

Tags:Department of State DV-2012

Case Studies

T was another victim of Andwill. He only learned of the problem after he left the US, when he applied for a new H-1B visa and the consul advised him of a DHS-imposed permanent bar under Section 212(a)(6)(C)(i). The consul began to process a Section 212(d)(3)(A) nonimmigrant waiver for him. But there were two problems: 1) the processing of a nonimmigrant waiver would take more than 6 months and T was not certain that his employer would wait for him; and 2) T had a potential interest in immigrating to the US in the future and the 6Ci bar would be a permanent obstacle: he would require an immigrant waiver and such waivers are granted only in limited circumstances. So T contacted us. Within a week we were able to prepare and submit his challenge to the permanent bar to the Department of Homeland Security. A month later, we were notified of corrective action. We contacted the consulate and a week later it requested his passport and issued the visa. T was able to successfully return to his job and will have the ability to immigrate if he chooses to do so in the future.

Case of T.R.

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