Litigation Update

Posted on June 27, 2011

We will have some litigation news for you later this week. Please watch this space…

Tags:Department of State DV-2012 Green Card Lottery Uncategorized

Case Studies

U had been granted nonimmigrant waivers for his E-2 visas. He required a nonimmigrant waiver because a consul had accused him of lying to Customs and Border Protection, an accusation that he did not agree with. He had no reason to lie and had relied on the advice of his lawyer in maintaining his status in the United States. But rather than “appeal” the consular officer’s decision to permanently bar him under Section 212(a)(6)(C)(i) for a willful, material misrepresentation, he took the path of least resistance: requesting a nonimmigrant waiver. He was granted the nonimmigrant waiver two times. But years later, the need for the waiver continued to gnaw at him — “why do I need this waiver when I didn’t do anything wrong?” he thought. It was a matter of pride and principle for him. So he contacted us. After analyzing his situation and gathering evidence that he had indeed relied on his lawyer’s advice and that he had acted honestly and in good faith, 8 years after the consular misrepresentation decision had been made, we challenged it. 3 months later, the misrepresentation decision was rescinded. He no longer required a waiver. U then received a new E-2 visa — without a waiver.

Case of U.C.

More case studies

Litigation Update

“But That’s Not What She Said”: When Inconsistent Testimony Derails Your K-1 or I-130 Immigrant Visa CR-1 Case

New State Department Policy: No More "Automatic" Nonimmigrant Waiver Renewals

Canadian Crimes Involving Moral Turpitude (CIMTs) and U.S. Admissibility