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.
Notwithstanding the growing liberalization of laws relating to the recreational use and possession of certain drugs, the Immigration and Nationality Act provides little solace for those who have been convicted of or admit to committing a
The list of controlled substances can be found at this link. This inadmissibility provision does not consider whether the person participated knowingly in the
Similarly, an expungement of a
Because of the grave consequences, it is absolutely imperative to seek out immigration legal assistance when presented with charges for a controlled
Once this relief is granted, for example, in the form of a dismissal of cause nolle prosequi, then the decision of the consular officer can be challenged. We are one of the relatively few firms with successful experience in obtaining a writ of coram nobis and subsequently having a bar under 212(a)(2)(A)(i)(II) rescinded.
As one can see, this is a very complicated area of the law with potentially very dire results. Because it is a complicated area, consular officers may make a mistake in incorrectly applying it. There is particular hope for a nonimmigrant visa applicants with this problem: more than 40% of them who have been subjected to this bar receive nonimmigrant waivers or successfully challenge the decisions. Please contact us to find out how we can help you.