Posts tagged “consular officers”

Below are the visitor visa refusal statistics for FY-2024 and FY-2025. These statistics relate to B visitor visas and do not include other nonimmigrant visa categories.

The newly released numbers show that refusal rates increased for many countries in FY-2025, although the trend was not universal. Some countries experienced only minor fluctuations, while others saw dramatic increases in refusals within a single fiscal year. Countries such as Bangladesh, the Democratic Republic of Congo, Nigeria, Pakistan, and Egypt all recorded refusal rates above 45% in FY-2025, with several exceeding 60%. At the same time, countries such as Argentina, Malaysia, Brazil, and South Africa continued to maintain comparatively lower refusal rates.

Consular zealotry knows no bounds. That is the impression that I am getting after conducting a flurry of consultations on visa denials related to EB-3 cases. After an EB-3 immigrant visa is denied at the Embassy, the I-140 approved petition is referred back to USCIS for review, often with an accusation against the applicant about a supposed willful, material misrepresentation. Compounding the problem, sometimes the petitioner-employer in the US decides not to continue the process or the applicant changes his or her mind and decides to pursue other immigration options (e.g., if has a US citizen adult child). But like that evil jack-in-the-box or Jason in Friday the 13th, the “bad guy” — the misrepresentation allegation in the form of a Section 212(a)(6)(C)(i) finding — pops up out of nowhere when you least expect it, years later when applying for a new, different visa. This then complicates the ability to…

Fair is fair, right? Consular officers can and do impose permanent bars for an alleged misrepresentation in a visa application form or entry to the United States from 5, 10, 20, 25 years ago. For example, we have seen some crazy decisions at visa interviews based on a supposed misrepresentation made to an airport inspector decades ago about their true intent — triggered by application of the so-called 90-day rule. But on the flip side, did you know that there are no time limitations on when you may challenge a consular visa decision to permanently bar you from the United States? If the visa decision made to permanently bar you for a misrepresentation, alien smuggling, or conviction of a crime of moral turpitude was made last week, last year, last decade, or even 35 years ago and it was wrong then, it is wrong — and continues to wreak havoc…

The beauty of obtaining a nonimmigrant waiver? That once you receive one, going forward, you will almost automatically receive the second one, and the third one, and the fourth one…. But the trick is — obtaining that first one… The nonimmigrant waiver process is rather straightforward. For most applicants of the nonimmigrant waiver (also known as a Section 212(d)(3)(A) or Hranka waiver), there is no application form and there is no filing fee; you simply request the waiver at the visa interview. If the consular officer recommends the waiver, then Customs and Border Protection will usually agree with the recommendation and grant the waiver. The consul will then issue a visa with a waiver annotation. So how to obtain that elusive consular recommendation? Well, if the applicant is applying for a B visitor visa or a F student visa, he/she must overcome his/her 214(b) burden first before the consul will…

In Part 1, we described the materials recently received from a Freedom of Information Act request to Immigration and Customs Enforcement. The materials are not only eye-opening but indeed shocking: they show that the students were let down by delinquent government and university actors that failed to warn them of the scam. Most mind-boggling: the US government is now using its own delinquency as a sword against these students in permanently barring them from the United States and using shell-game tactics to make it is as difficult as possible to challenge the bars. Here, we provide additional details from those ICE reports: The Homeland Security Investigations Wilmington office identified approximately 1,925 STEM OPT students associated with AzTech. HSI administratively arrested 15 STEM OPT students. (An administrative arrest is the arrest of a foreign individual for a civil — not criminal — violation of U.S. immigration laws. These cases are then…

Have you ever been refused a visitor (B) or student (F) visa and re-applied again a short time later, and when you attend your new interview, the consular officer asks you: “What has changed since your last interview?” And within seconds or a minute or two, the consul then handed you a refusal sheet — again? The funny thing is — well, it is not-so-funny — there is no such legal requirement to show that something changed in your circumstances in order to qualify for the visa. The Department of State and the consular officer concocted this “requirement” out of whole cloth: it’s fictitious. Section 214(b) of the Immigration and Nationality Act has two requirements for B and F visa applicants: 1) overcome the presumption that he or she is an intending immigrant to the United States; and 2) qualify for the visa. To qualify for a visitor visa, the…

Below is a table of the current interview wait times for B-1/B-2 applications at certain embassies and consulates around the world. Despite promises from the Department of State, the massive wait times in most countries, as you can see, have not been reduced. City October 7, 2022 March 24, 2023 May 19, 2023 Rio de Janeiro 347 449 449 Sao Paulo 338 554 595 Brasilia 315 469 483 Mumbai 825 332 507 New Delhi 833 247 379 Hyderabad 459 246 351 Chennai 780 680 337 Kolkata 767 357 490 Guadalajara 806 664 731 Mexico City 641 695 730 Tijuana 555 541 567 Lagos 735 486 563 Abuja 850 409 307 Madrid 380 329 335 Paris 520 50 93 London 34 89 90 Berlin 58 87 42 Prague 100 16 105 Outrage is growing among the American business community, as wait times exceed 1 year (!) for an interview at dozens…

Here, we finalize our list of the top 15 trends and observations relating to Section 212(a)(6)(C)(i) — findings of willful, material misrepresentations: 11. The Role of ICE/HSI. Most individuals who have either submitted a work or immigration petition or application or entered the United States are familiar with the government agencies involved in those processes — US Citizenship and Immigration Services (USCIS) and Customs and Border Protection (CBP), respectively. And many are familiar with Immigration and Customs Enforcement (ICE) as the “immigration police”: ICE enforces US immigration laws within the United States. But not many are aware that the Homeland Security Investigations (HSI) branch of ICE has officers embedded into certain consulates overseas and that those officers make findings of inadmissibility. ICE denies that it makes such findings — its position is that it is the consular officer who makes such findings, not ICE. However, we have seen internal government…

Last week we began the list of the top 15 trends and observations relating to the consular imposition of permanent bars under Section 212(a)(6)(C)(i) for willful, material misrepresentations. Hopefully, this will inform and educate as you plan for future visa applications. Here, we continue that list: 6. OPT Fraud. Much ink and many tears have been shed over the OPT scandal, with the full impact only now being felt. Starting in 2020, thousands of individuals have been permanently barred from the US for their association with scam OPT companies, such as Findream, AZTech, Integra, Wireclass, and Global IT Experts. More can be read about this scandal on our blogs, but suffice to say that the consequences will be felt for the rest of the lives of not only these individuals, but close family members and American employers as well. Instead of being able to live the American dream, these talented…

Unlawful presence (212(a)(9)(B)), misrepresentations (212(a)(6)(C)(i)), and alien smuggling (212(a)(6)(E)) continue to be the most frequently invoked inadmissibility bars to entry to the United States by consular officers. And while unlawful presence based on overstays in the United States is a relatively straightforward legal decision, determinations of willful, material misrepresentations and alien smuggling are not. How does one define “materiality”? Was the misrepresentation actually “willful”? What does it mean to “aid and abet the illegal entry” to the United States? This 3-part blog will focus on the latest trends in consular misrepresentation (“6Ci”) decisions; later, we will address recent trends in smuggling (“6E”) adjudications. Notwithstanding the pandemic and the limited operations of consular posts, the rendering of 6Ci determinations continues unabated. In the pandemic years of FY2020 and FY2021, consuls entered more than 17,000 misrepresentation findings. During this time, we have observed the following: Politics is Overestimated. Many thought that with…

It is fire season here in California, and inevitably talk turns to what could have been done to prevent the latest big fire, that the fire could have been prevented if only…. The lessons learned are so applicable to visas that I even have a painting of firemen and a firetruck in my office. Clients come to me with a “five-alarm fire," and often my first thought is what could have been done to prevent the fire. Sometimes, the problem is as simple as correctly and properly filling in the DS-160 visa application form or even having a copy of the visa application form. In many of these consultations, inevitably the topic turns to what was indicated in the visa application form. I ask for a copy of the DS-160 visa application form and the client does not have one. The client attempts to reconstruct the application or tries to…

Just because you have arrived at an airport in the United States does not mean that you are protected by the US Constitution and the right to be free from unreasonable searches. This is the unfortunate lesson learned by hundreds of travelers each day to the US. Worse, the messages on one’s own phone can lead to a cancelled visa, a return trip home, and a permanent ban on entry. As international travel has reemerged after the pandemic, so have the problems experienced by international visitors to the US. Just over the past few months we have conducted numerous consultations with individuals subject to intrusive CBP searches at the airports, including luggage checks and the contents of telephones. These searches have led to accusations of unlawful employment (most common), prostitution, drug use, intent to remain in the US beyond the length of permitted stay, intent to marry, and intent to…

Heartbreaking are the immigrant visa cases when, because of a youthful indiscretion or transgression, the applicant is denied the visa to join a spouse or parent or child in the United States under Section 212(a)(2)(A)(i)(I) of the Immigration and Nationality Act. This section of the law renders a person permanently inadmissible because of a conviction or admitting to committing a crime of moral turpitude. Thankfully, there are solutions. One solution is to challenge the decision. In a case we recently handled, the applicant had been denied an immigrant visa as the husband of a Lottery winner on these grounds, and then 10 years later, denied again as the parent of a US citizen on these same grounds. But the criminal case which was the basis for this visa refusal decision had been terminated before a final decision was made by the judge because of an amnesty. We challenged the 212(a)(2)(A)(i)(I)…

After the ICE press conference in October, it appeared that the US Government was winding down its investigation of AZTech, Integra, Andwill and Wireclass. It appeared that those associated with The Four companies would be getting resolution one way or another. That conclusion, it turns out, was premature. As you know, there are four US government agencies primarily involved in the administration and enforcement of US immigration laws. They are Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), US Citizenship and Immigration Services (USCIS), and the Department of State through its local embassies and consulates. ICE are the immigration police; it also is responsible for the administration of the SEVIS and OPT programs. CBP includes the airport and port-of-entry inspectors who verify the admissibility of individuals to the United States. USCIS adjudicates immigration benefits, including H-1B petitions, I-765 employment authorization applications, changes/extensions of status, and green card applications….

“It ain’t over till the fat lady sings…” The opera expression widely used in sports has taken on a whole new relevance in the immigration world. No longer are government agencies approving applications and deferring to previously-approved applications or adjudications. Rather, they are reopening past applications — from 3, 5, 10, 15, 20 years ago — searching for misrepresentations, inconsistencies, and loose ends to thwart applications for visas, changes to status, and adjustment of status. You are so close to getting that long-desired visa or green card, but the “fat lady” — in these cases, USCIS and the State Department consular posts — doesn’t want the “opera” to end. The boundaries are unlimited. Even relatively obscure provisions of immigration law, such as the “stowaway” provision, are being invoked more and more. A stowaway is someone who obtains transportation without consent and through concealment. Anyone who enters the US by a…

Thank you for your phone calls. After speaking with so many of you, it has become obvious that those who were associated with AZTech, Integra Technologies, Wireclass and Andwill did so with legitimate intentions and the goal of full compliance with the OPT requirements. While the common thread binding most of you is a visa revocation, there are several categories of individuals who have been impacted, including: 1) those in the US who are beneficiaries of a pending H-1B petition and USCIS has issued a Request for Evidence (“RFE”) or Notice of Intent to Deny (“NOID”) related to their prior OPT experience and/or visa revocation; 2) those in the US who are applying for STEM OPT extensions and USCIS has issued a RFE or NOID related to their prior OPT experience and/or visa revocation; 3) those who attempted to enter the US with a visa and Customs and Border Protection…

For visa applicants, the cards seem to be stacked against you. Among the hurdles a visa applicant must face: The law places the burden on the visa applicant to prove eligibility for the visa and that he or she is not inadmissible to the United States. There are inadequate consular resources; at busy posts, consular officers can only allot a few minutes to a visa adjudication. There is no formal administrative appeals process of a visa denial (no Administrative Appeals Office, Board of Immigration Appeals, Board of Alien Labor Certification Appeals). With limited exception, there is no judicial review of visa decisions because of the doctrine of consular reviewability. There is limited public accountability: no Department of State (DOS) Visa Ombudsman, no formal Complaint Procedure, and no formal recusal process. Section 428 of the Homeland Security Act grants the Department of Homeland Security (DHS) a vital role in the visa…

At least a couple of times a month I get a similar, frantic phone call. “I just applied for a new visa, but it was denied. The consul didn’t like the fact that I spent 5 months in the US on my last trip. I told him that the airport inspector allowed me to stay for 6 months. I didn’t do anything wrong!” Or “My visa has been revoked. But I didn’t do anything wrong. When I arrived in the US, they gave me 6 months to stay, so I did. I didn’t violate any laws, so why are they revoking my visa?!?” The revocation is done by either the consul or the airport inspector the next time the visa holder arrives in the US. There are many “red flags” here considered by the consul or airport inspector: The visa holder must remember that when he applies for a visa…

On February 22, we published Part 1 of this FAQ. Since then, the Department of State, including all embassies and consular posts outside the United States, implemented the new rules. What practical changes have gone into effect? It is still too early to know exactly what each embassy and consulate will require from immigrant visa applicants. However, in the few weeks since the rules went into effect, it appears that embassies and consulates processing immigrant visas are requiring 1) the completion and submission of the Form DS-5540 and 2) asset and income documents confirming the information in the Form. The new Form DS-5540 asks about the immigrant visa applicant’s 1) age: 2) health; 3) household size; 4) assets; 5) current and future income; 6) liabilities; 7) past usage of public benefits in the US, if any; 8) education; and 9) trade/vocational skills. Documents confirming assets, such as real estate appraisals…

We have just posted an in-depth article on this site about the various types of Diversity Lottery refusals — and how to prevent or challenge them. At least 30,000 individuals go through Diversity Visa interviews every year — and don’t receive the visas. Putting aside the approximately $10,000,000 in processing fees pocketed by the Department of State from unsuccessful applicants every year and millions more spent by these applicants in medical exams, travel, etc…, the article spotlights the veritable minefield of potential reasons for refusal. One would think that the Lottery aspect of the Diversity Visa Program only applies to the selection — competing to be one of the less than 1% selected. But what many winners find is that even after selection the “Lottery” elements of luck and chance continue right up until September 30: until the visa is issued or denied or the application is not acted upon…