Case Studies
Case of Y.A.
In a highly unusual case, Mr. A. was a recently-landed immigrant from Uzbekistan who found out that he had won the Diversity Lottery. Because his 21 year old son was stranded in his home country but was included in his Lottery entry, Mr. A. decided to obtain another green card so that his son would be eligible to immigrate as well. The problem arose, first, when he was advised by the Kentucky Consular Center that his son was no longer allowed to immigrate as his dependent because he had turned 21. Later the consulate advised Mr. A. that he was not able to obtain another green card, that he had to petition for his son separately, a process which could take several years. Mr. A. then contacted our firm, and we were able to successfully petition for review of both of these decisions, with the end result that Mr. A. received another green card and his son was allowed to immigrate.
Case of F.J.
After five years in which her sons’ immigrant visa petitions were either pending at the consulate in Lagos, Nigeria under 221(g) or returned to USCIS for petition revocation, Mrs. J contacted our firm. The consulate questioned the legality of her divorce under local law. We immediately contacted the consulate, arranged for a new interview for her sons, and provided additional documentation on her divorce. Within days of the new interview, her sons received immigrant visas.
Case of A.B.
A consular officer found Mr. B. permanently inadmissible to the United States as a drug trafficker (Section 212(a)(2)(C)(i)). The finding was made based on a single piece of evidence: a poison pen letter, apparently from a disgruntled employee. We successfully challenged that decision and the bar to his admissibility was rescinded.
Case of A.C.
Mr. C worked as a teacher at an elementary school in Texas for several years in H-1B status. When he applied to renew his H-1B visa in Mexico City, the consular officer denied him, expressing his belief that Texas should be hiring American teachers. The school district then planned to terminate his contract because of his inability to return to the United States. Our firm brought this to the attention to the Department of State, and the consular officer issued the visa H-1B to Mr. C.
Case of A.S.
After Ms. S refused to marry an American citizen, he sent a "poison pen" letter to the police, accusing her of being a spy. She was then called into the consulate, and the consular officer revoked her visa. Ms. S then contacted our firm. We were able to intercede on her behalf and the consular officer issued to her a new 3-year B visa.
Case of K.R.
Ms. R. was permanently barred by the US Embassy in New Delhi, India for committing a material misrepresentation. She was forced to sign a Voluntary Statement dictated to her by an abusive consular officer and that declaration was used as the basis of the bar. She then contacted us, and we were able to intervene and have the decision overturned.
Case of S.S.
Mrs. S., an Indian national, has worked in California on an H-1B visa for many years. Her husband, who was in H-4 status, returned to India and applied to renew his H-4 visa at the consulate in Chennai. His application was denied under 221(g), and remained pending for more than 7 months. Mrs. S. then retained us, and within a couple of weeks, Mr. S. received his visa and was reunited with his wife in the US.
Case of V.Y.
V’s case brings to mind the dangers of DIY lawyering. His US citizen son thought that he was being helpful by volunteering to prepare his dad’s I-485 adjustment of status application. But because of mistakes in the initial application, USCIS rejected the application. It was then necessary to refile the corrected application. But by then, V accumulated unlawful presence in the US. Compounding the problem: V’s son did not submit an I-131 application for advance parole (authorization to travel). So when V’s sister unexpectedly passed away in his home country, V had to leave the US urgently. As a result, his adjustment of status application was abandoned and refused. V then contacted us, and we assisted him in consular processing at the US Embassy. We had to address issues of a potential misrepresentation in his previous entry to the United States and unlawful presence. After a brief visa interview, the consul issued the visa to him.
Case of T.S.
T had a complicated immigration history going back 25 years, with various problems. But when she applied for an immigrant visa to join her daughter in the US, she was accused of committing a willful, material misrepresentation under Section 212(a)(6)(C)(i). But what was peculiar was that it was not clear what the misrepresentation was and when it was committed. T’s lawyer addressed inquiries to the embassy, but the embassy shunted him away — stating that T should apply for an immigrant waiver. The problem was that she was not eligible for a waiver as the mother of a US citizen. T then contacted us. We addressed our request for a clarification to consular management. The consular manager reviewed the case, and realizing that the consular officer had made an error, re-opened it and removed the 6Ci finding.
Case of M.L.
M had arrived to the US to visit her US citizen daughter and grandchild. Her plan was to return back home after a couple of months. But the pandemic hit, and everything changed. She then decided to remain in the US and contacted us. We submitted an I-130 petition and at the same time, applications to adjust status (I-485), work (I-765), and advance parole for travel (I-131). USCIS approved the I-130 petition and I-485 less than two months after filing. 2 weeks later, she received the green card in the mail.