Case Studies

Case of T.A.

T had been denied three times under 214(b) by the Embassy to travel to the US for medical treatment and cosmetic surgery. Her case was complicated because she was single, young, with no children, and the doctor’s office failed to confirm her appointment when the Embassy inquired. We gathered her personal documentation reflecting her ties and ability to pay the cost of the surgery, as well as an explanation from the doctor about the miscommunication. After reviewing her new application, the Embassy promptly issued to her a 10-year, multi-entry B visa.

Case of N.V. and I.V.

The Vs were a prominent couple: he was a famous ex-hockey player and she was the Director of a large retail outlet. So when they applied for visas to visit their permanent resident daughter, they thought they would receive the visas without any problems. Unfortunately, they thought wrong. Their daughter had not returned to her home country after visiting the US as a student; while a student, she met a US citizen whom she later married. So the consul decided to punish her parents under 214(b), notwithstanding their overwhelming familial, social and economic ties to their home country, including grandchildren, elderly parents, well-paying jobs, and substantial property interests. We then interceded on their behalf, and they were able to receive visas.

Case of Z.R.

Mr. R’s parents won the Green Card Lottery while he was under the age of 21. He immigrated with his family to the US. Later, he returned to his home country, fell in love with Z and married her. Because he was spending the majority of his time outside the US, he was unable to accumulate enough time as a permanent resident to become a US citizen. US immigration law imposes quotas on spouses of green card holders; as a result, long waits to immigrate to the United States are the norm. So Z decided to enter into a sham marriage with an unmarried Lottery winner in order to “expedite” her immigration. The consular officer found out about the sham marriage and permanently barred her for her misrepresentation (Section 212(a)(6)(C)(i)). With our assistance, Mr. R then initiated the process of immigration for his wife and their two children. While the process of immigration for his children was straightforward, we had to prepare an immigrant waiver application for his wife based on the extreme hardship Mr. R would suffer in the event of a denial. After a 6-month review process, USCIS approved the immigrant waiver.

Case of K.P.

In a complicated case K was permanently barred from the United States under 212(a)(6)(C)(i) by an overzealous consular officer who accused K of presenting a bogus job confirmation letter in support of his H-1B application. The consular officer even went so far as to compel K to sign a Voluntary Statement DS-5529 that the letter was not authorized, although K believed that it was. The consular officer referred the petition back to USCIS, recommending the revocation of the approval. But rather than acting on the consular officer’s recommendation, USCIS did nothing — and the validity period expired. We called into question the validity of the Voluntary Statement and the determination of the consular officer. After much deliberation, the 6C decision was overturned.

Case of I.K.

Mr. K had been denied a B-2 visa five times under Section 214(b). Unfortunately, he had not been honest in his previous applications about the fact that his sister was located in the U. S. He contacted us, and we brought him "out of the shadows", helping him to "come clean" with the Embassy. We prepared a new application evidencing the bona fides of his business in his home country and his stable family and economic situation there. After extensive review, the Embassy issued to him a B-2 visa.

Case of A.L.

Mrs. L was denied an F-2 visa on two occasions. She sought to join her student husband in the United States. Because such visa refusals are supposed to be "rare" and warranted only when there is a difference in circumstances between the spouses, we challenged these denials. Mrs. L was called in for another interview, and issued the visa.

Case of A.M.

Mr. M applied to a US consulate after his company’s L-1 petition was approved. But rather than process his visa application, the consular officer "sat on" it. The consular officer sought to punish Mr. M because he believed that Mr. M and his family had spent too much time in the US on B visas. Because of the consular inaction, the validity period for the L-1 petition expired and his company had to submit a new petition to USCIS. After the petition was re-approved, Mr. M re-applied for an L-1 visa. This time, the consular officer denied the application. Mr. M then retained our firm, and we brought this to the attention of the Consul General and Washington. After a new interview, Mr. M was issued his L-1 visa.

Case of K.S.

Mr. S had a used car importing business from Germany. At one point the German authorities called him in to question him about his business. He was released without charges being filed. Apparently, information about the investigation was passed along to the American government, which permanently barred him from the US under Section 212(a)(3)(A)(ii) for "unlawful activity". On his behalf, we challenged the finding and eventually the finding was rescinded and he was issued a visa.

Case of K.A.

Ms. A was convicted for operating a scale at a market which did not weigh produce correctly. The statute under which she was convicted did not have an intent requirement. So we prepared a Legal Opinion on her behalf arguing that this was not a crime of moral turpitude, or in the alternative, that this crime met the requirements of the petty offense exception. After reviewing the Legal Opinion, the consular officer issued the immigrant visa to Ms. A.

Case of U.K.

Mr. K used an abbreviated name in his Diversity Lottery entry, not his legal name. His application for a visa was denied on this basis. We brought to the attention of the consular officer the fact that he has used this abbreviated name in all of his official dealings and in his school documents. The consular officer issued to him an immigrant visa.