Case of C.P.

C is a world-famous scientist. But when he and his wife traveled to visit his son and later changed his status, he was accused by the consular officer of committing a willful, material misrepresentation under Section 212(a)(6)(C)(i). The consul alleged that he violated the “30/60 day rule” — having a preconceived intent to engage in work upon his arrival to the United States and then doing so. As a result, the consul permanently barred him. Neither USCIS nor CBP had made such an allegation, but that did not stop the consul. After we gathered substantial evidence tracking his activity during his first two months after his arrival in the US, we were able to show that he had engaged in legitimate visitor activity after his arrival and had not unlawfully engaged in employment while in B status. The decision to permanently bar him was then rescinded.