Office of Inspector General Report on Lottery Fiasco

Posted on November 2, 2011

http://oig.state.gov/documents/organization/176330.pdf

Tags:Department of State DV-2012 Green Card Lottery Office of Inspector General Department of State

Case Studies

T was in the US as Work Travel participant — and was caught shoplifting various items from different stores. Unfortunately, he was charged with several counts of shoplifting, and because he had to leave the US, accepted the charges. As a result, he had more than one conviction and did not qualify for the petty offense exception. But when he applied for a visa, he was found inadmissible not only for committing a crime of moral turpitude, but under the “multiple convictions” provision of the Immigration and Nationality Act — Section 212(a)(2)(B). However, this provision only applies if the aggregate sentence for multiple convictions totaled at least five years (e.g., for one crime sentenced to four years, for another — 1 year). This was not T’s situation. We brought this to the attention of a consular manager, who corrected this error. We then represented T in his I-601 waiver application under Section 212(h) of the INA. We were able to show that his US citizen mother would have experienced extreme hardship in the event of T’s denial, and USCIS approved the application.

Case of T.B.

More case studies

Office of Inspector General Report on Lottery Fiasco

44 Reasons for a Student Visa Denial

Stop Fishing for Free Legal Advice: Why Complicated Cases Demand Real Consultations

The Clock Never Runs Out: Why You Should Challenge an Inadmissibility Finding Immediately