M is a citizen of a Visa Waiver Program country. She entered the US as a tourist to see her US boyfriend. Upon questioning at the US airport, she said that she only planned to stay a week to do some sightseeing. Before the allotted 90 days expired, she departed the United States. Two weeks later, she tried to return to the US, but upon her arrival, she was detained, interrogated, and returned back home. She was afraid that she would be permanently barred from the US for making a willful, material misrepresentation, so she retained our firm. We prepared a memorandum, acknowledging her initial willful misrepresentation, but evidencing how the misrepresentation was not material. The consular officer agreed, not finding her inadmissible under Section 212(a)(6)(C)(i).
We assist applicants for tourist, business, student, work, fiancée, and immigrant visas. Our services are geared towards
- Avoiding Visa Denials — The best way to avoid a visa denial is to thoroughly prepare for the visa interview. For our clients, we conduct mock visa interviews. We help in properly and comprehensively completing the DS-160 visa application. We consult on document and problem issues. We prepare legal opinions in advance of an interview to seek to avoid a visa denial. We can help those applying for “special” visas or authorizations, such as a returning resident visa or Transportation Letter. Individuals sometimes rely on travel agents or visa consultants in completing their forms and preparing them for an interview without realizing that they are culpable for mistakes — honest or deliberate — of those agents. To avoid such a situation, we ensure that you put your best foot forward at your interview, maximizing your chances for the visa.
- Overcoming Nonimmigrant and Immigrant Visa Denials and Revocations — We are able to help those who have been erroneously rejected or had their visas revoked on the following grounds:
- Failure to show entitlement to nonimmigrant status (lack of foreign residence; inability to show visit of limited duration; do not meet criteria for issuance of the visa) — 214(b);
- Perceived lack of qualifications for the visa requested (nonimmigrant visas: E-2, F-1, H-1B, L-1, O-1, P-1, P-3; immigrant visas: EB-1, EB-2, EB-3, EB-5);
- Material misrepresentation and fraud;
- Public charge;
- Sham marriage;
- Unlawful activity;
- Crimes involving moral turpitude;
- Alien smuggling;
- Diversity Lottery education, photograph, and completion of the entry issues;
- Unlawful presence;
- Drug posesssion, abuser or addict;
- Other grounds.
We are also able to help those whose applications have been subject to unusually prolonged administrative processing (Section 221(g) of the Immigration and Nationality Act) or those who have had their petitions sent back to the USCIS with recommendations for revocation of the approval.
We are also able to intercede with Customs and Border Protection if it improperly denied entry to the United States.
- Finding Alternative Solutions — For those who have been properly judged to be ineligible for a visa, we may provide assistance in securing a nonimmigrant waiver, an immigrant wavier or humanitarian parole.
The services include providing consultations; lodging official inquiries; preparing visa applications; submitting requests for reconsideration and appeals; representing applicants and US citizen petitioners and employers before US embassies, consulates, the Department of State, Customs and Border Protection, USCIS local field offices and service centers, USCIS Administrative Appeals Office, and the Board of Immigration Appeals; filing Freedom of Information Act requests with government agencies, such as USCIS, CBP, the FBI, and DEA; submitting Traveler Redress Inquiry Program (TRIP) complaints; requesting information and documents from CBP, such as I-867-A Record of Sworn Statement in Proceeding, and consular posts, such as applicant Voluntary Statements; initiating lawsuits, such as writs of mandamus, in federal courts; preparing responses to Notices of Intent to Revoke petition approvals or a new petition after a consular referral for petition revocation; and undertaking other measures to ensure the rightful issuance of the visa.
Our goal is simple: to be relentless in helping the applicant obtain the visa to which he is entitled under the law. For examples of how we have helped individuals over the years, see the Case Studies section.