FAQ

With which U.S. Embassy/Consulates are you able to represent clients?

We legally represent clients at U.S. Embassy, Dhaka, Bangladesh.

 

What rights do visa applicants have?

Visa applicants are entitled to a reasonable opportunity to present evidence and convince a consular officer that he or she is entitled to a visa. In the event of a denial, the consular officer must disclose the legal and factual basis for the denial. Boilerplate denials and standard refusal letters indicate the provision of the Immigration and Nationality Act the applicant was denied.

 

What is 214(b)?

Section 214(b) of the Immigration and Nationality Act is the provision of law that the overwhelming majority of non-immigrant visa applicants are denied under INA. This denial, in general, means either 1) the visa applicant does not have strong ties to his home country and did not prove to the satisfaction of the consular officer that he/she will return in a timely fashion; or 2) the visa applicant did not prove his eligibility for the visa. 214(b) is, in essence, the catch-all provision of the Immigration and Nationality Act granting the consular officer the authority to deny a non-immigrant visa application. However, as noted above, it is necessary to identify the rationale underlying the decision in order to challenge or overcome the denial. With our fifteen years of experience in consular matters, we have identified the Top 25 Reasons why consular officers deny an application under 214(b).

 

What is Section 212(a)(6)(C)(i)?

This section of the Immigration and Nationality Act is a consular finding of a material misrepresentation or fraud. It is a decision to find the applicant inadmissible to the United States permanently. More than 10,000 visa applicants are permanently barred from the US annually based on this provision.

 

What is Section 212(a)(6)(E)?

Section 212(a)(6)(E) of the INA provides for the inadmissibility for visa issuance of any alien who at any time knowingly has encouraged, induced, assisted, abetted or aided any other alien to enter or to try to enter the United States in violation of law is ineligible for a visa and inadmissible to the United States.

 

What is a crime of moral turpitude?

In addition to medical, security, and other grounds of inadmissibility, a visa applicant may be found to be permanently inadmissible if he or she has admitted to the commission of or has been convicted of a crime of moral turpitude. A crime of moral turpitude is one that usually involves fraud, larceny, or intent to harm persons or things. There is an exception for a conviction for a petty offense. The definition of moral turpitude can be very complex and fraught with ambiguities. For example, a consular officer erroneously found the spouse of an American citizen to be permanently inadmissible to the United States because of her conviction for unlawful use of a state identification card.

 

Whom have you helped?

Our clients have included but not limited to spouses, fiances and parents of American citizens wishing to immigrate to the US; businessmen traveling to the United States for negotiations, employment, investment purposes, and training; students seeking to study in the US; individuals seeking to temporarily visit the US for tourism or medical purposes; grandmothers planning to visit their children and grandchildren in the US; entrepreneurs starting companies in the US; doctors, artists, writers, journalist, engineers, skilled, unskilled and other workers on immigrating and refugees and their families.

 

What if the consular decision was correct? How to apply for a Waiver of inadmissibility?

If the applicant is applying for a non-immigrant visa and overcomes 214(b), he/she can apply for a non-immigrant waiver.

For family-based immigrants spouse and fiances, it is necessary to apply for an immigrant waiver. Granting of the immigrant waiver is usually contingent on the U.S. Citizen Spouse or fiance showing extreme hardship. Extreme hardship is also a very complicated term.

Because of the complicated nature of the waiver application our submissions include a detailed legal memorandum.

 

Besides a waiver, what other options are there?

Humanitarian parole is a last chance to gain entry to the US for those individuals who are not otherwise eligible for a visa. It is prescribed by DHS on a case-by-case basis, usually for medical reasons or to prevent the separation of minor children from green-card holding parents.