Case Studies

Case of S.B.

S was turned away by Customs and Border Protection, accused of committing a crime of moral turpitude and found inadmissible under Section 212(a)(2)(A)(i). But the reality was that S had only been subject to a civil proceeding before a US administrative agency, not a criminal proceeding. We submitted a Freedom of Information Act request, filed a Travel Redress Inquiry Program (TRIP) Complaint with Customs and Border Protection, and contacted the airport CBP that had made the original decision. After protracted discussions and submission of legal documentation, CBP rescinded its decision. We then represented S in his visa application and he was issued the visa without question.

Case of A.I.

A required an I-601 immigrant waiver to join his family in the United States. Unfortunately, his son required serious surgery. We were able to prepare A’s application for a waiver, as well as a request for the expedited processing of his application so that he would be able to join his family in time for the surgery. His immigrant waiver application was approved within two weeks — instead of the usual 6–12 months — and he was able to receive his immigrant visa quickly after that.

Case of A.P.

10 years ago A overstayed and violated the terms of his US F-1 student visa. He was young and wanted to see America, so he dropped out of class and traveled around the US. Finally, he returned home, graduated from the university, started a career, married, had two children, and bought an apartment. Afraid that he would be denied a visa under Section 214(b) but wanting to visit his US citizen sister, he contacted us. We helped him prepare for his interview, helped him complete his DS-160 application, and underscored the change in his circumstances since his return home. After a brief interview, his visa was issued.

Case of L.S.

L attended his immigrant visa interview to join his wife in the United States and was shocked to learn that he was being refused under Section 212(a)(2)(C): the consular officer had “reason to believe” that L was a drug trafficker or assisting one. According to L, the only run-in with the law that he ever had was more than 25 years ago when the Drug Enforcement Agency targeted a co-tenant in the apartment that they were living. On L’s behalf, we conducted a Freedom of Information Act request, and were able to obtain all of the documents the DEA maintained on L. After we presented this information to the Department of State along with a request to overturn the decision, the consular officer issued the immigrant visa to L.

Case of U.M.

After many years of suffering physical and emotional abuse at the hands of her husband, U finally divorced him. She later met a US citizen, and after their relationship developed, he proposed to her. He then submitted a K-1 fiancée petition for her. After the approval, U attended her K-1 visa interview, but she was denied by a consular officer. The consul accused her of executing a sham divorce with her ex-husband and entering into a bogus fiancée relationship with the US citizen with a view towards gaining status in the US and later petitioning for her ex-husband. She was permanently barred from the United States under Section 212(a)(6)(C)(i). So when her US citizen mother applied to immigrate U, she was denied and required an immigrant waiver. We then undertook a Freedom of Information Act with USCIS, obtaining consular materials which served as the basis for the decision of a “sham divorce”: past photos of the couple posted on social media. We then documented the abuse at the hands of her ex-husband; the bona fides and legitimacy of her relationship with the US citizen; and argued that she should not have been subject to the 6ci decision. In the alternative, we argued that her US citizen mother would be subject to extreme hardship in the event of denial of the I-601 waiver application. After approval, U was able to join her mother in the United States.

Case of R.J.

US citizen R and his out-of-wedlock 19-year old son J had submitted DNA tests in support of R’s immigrant petition. USCIS approved the petition. Yet when J went to the consulate for his immigrant visa interview, the approval of that petition and the DNA results from an officially accredited laboratory in the US were not sufficient to convince the consular officer to issue the immigrant visa to J. The consul insisted that J change his surname to his father’s surname, and temporarily refused the visa under Section 221(g). After more than 2 years of dealing with local bureaucracy in trying to get his son’s name changed, R contacted us. We brought this to the attention of a consular supervisor and requested reconsideration. Specifically, we pointed to the fact that there is no legal requirement that a petitioned-for child have the same surname as the US citizen. We also presented overwhelming evidence of the father-child relationship and their attempts over 2 years to get J’s surname changed. In short order, the immigrant visa was issued to J.

Case of Y.M.

Y is a US citizen. Her father’s immigrant visa application was denied under Section 212(a)(4); he was deemed to be a potential public charge. Y approached and consulted with our firm. We assisted her US citizen brother in filling in an I-864 affidavit of support as a joint sponsor, helped to prepare supporting financial and personal documentation, and submitted the documents to the Embassy. Y’s husband received the visa promptly and joined Y in time for the holidays.

Case of R.T.

R was a young professional in his home country who had previously studied in the United States. He had also visited as a tourist. At some point, he was accused of committing a willful, material misrepresentation and permanently barred from the United States. However, it was not clear which US government agency had made the accusation; when it initially made the accusation; and why it had made the accusation. Rather than engage in a guessing game, we reached out on R’s behalf to the consulate which had recently denied his visa and asked for an explanation. Upon receiving our inquiry, the consulate re-opened and reviewed R’s case and after a couple of weeks rescinded the decision. R then applied for another B visa and received it.

Case of T.D.

T had a green card but preferred to live in her home country. She wanted to keep her green card, but did not want to travel to or live in the US. So she arranged for false entry stamps in her passport to “confirm” her travels to the US and maintain her US status. Upon discovery, her green card was taken from her and she was permanently barred from the US under Section 212(a)(6)(C)(i). Many years later, T wanted to visit her daughters in the US and required a nonimmigrant waiver to do so. She approached our firm, and we were able to prepare a nonimmigrant waiver package in support of her application. After a long and in-depth interview, the consular officer recommended approval, and three months later, the Department of Homeland Security concurred. She was granted a 5 year waiver, with a multi-entry B visa.

Case of L.M.

Ms. M was denied a visa two times to visit her daughter and newly-born grandson in the United States. Her daughter had arrived in the US on an exchange visa and remained in the US after its expiration before marrying an American citizen. The consular officers denied Ms. M’s visa applications because her daughter had stayed in the US beyond the term of her original visa. After retaining our firm, Ms. M was able to successfully obtain a B-2 visa and visit her daughter and grandson.