Case of T.M.

At the time T “won” the DV Lottery, he was in a customary marriage. He then legalized his marriage so that his wife would be able to immigrate with him. But the consular officer had other ideas. Noticing that the marriage was a “pop-up” marriage — entered into after being selected as a winner in the DV Lottery — the consular officer accused them of entering into a sham marriage. T was accused of “alien smuggling” and permanently barred under Section 212(a)(6)(E). Fast forward 10 years. T didn’t think too much about the situation until he applied for a visitor visa. By then he had divorced his wife and remarried. At his visa interview he was denied a visa again for alien smuggling. He then contacted our firm. There is no statute of limitations on challenging a wrong finding of inadmissibility, so we helped him apply for a new visa and request reconsideration of the alien smuggling allegation. We assisted in preparing evidence of the genuineness of his marriage from 10 years prior and in completing his DS-160. At his interview, he was questioned about his previous marriage. Three days later, the inadmissibility was removed and he received the visa.