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.