Delay
Has your visa application at a U.S. Embassy or Consulate gotten stuck?
One reason a case may get stuck is long-pending “administrative processing.” This refers to temporary visa refusal pending further investigation of a visa application.
Whatever the reason for delay in your case, our law firm may be able to get it unstuck by using various approaches tailored to your specific situation, such as:
- Inquiry with the U.S. Embassy or Consulate, or escalating that inquiry to the post’s management
- Congressional inquiry
- Request expedited processing
- Raise the issue with the American Immigration Lawyers Association (AILA) liaison
- Mandamus action in Federal Court
Case Study: a Congressional Inquiry Made all the Difference for a U.S. Visa Applicant
When a visa application gets stuck at a U.S. Consulate, there are many strategies to consider to get it unstuck: Today, a Congressional inquiry with the U.S. Consulate made all the difference. The case involved a fiancée visa applicant required to submit a China police certificate. She applied for the certificate, but the local police…
Making a Congressional Inquiry for Help with Your Immigration Case
If you are having problems with your immigration case, a member of the U.S. Congress may be willing to inquire with a Federal immigration agency, such as U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State (DOS) on your behalf.
“Administrative Processing”: a Black Hole for Visa Applicants
For the uninitiated, “administrative processing” (AP) is State Department-speak for a temporary visa refusal pending further investigation of a visa application. (9 FAM Appendix E, 404). The applicant typically learns of the temporary refusal when, at the conclusion of the interview, the consular officer issues a written notice stating that under section 221(g) of the Immigration…
Denial
Has your visa application been denied by a U.S. Embassy or Consulate?
A visa application may be denied for one or more reasons, such as:
- Some visa types can be refused for failure to prove nonimmigrant intent.
- A visa can be denied on the basis that you don’t meet one or more of the requirements for the specific visa type.
- Certain classes of persons are statutorily ineligible for visas or entry. These classes are known as the “grounds of inadmissibility.”
There is no opportunity to appeal a visa denial. Still, our law firm may be able to help you overcome the denial, such as by:
- Requesting an advisory opinion from the Bureau of Consular Affairs’ legal counsel (LegalNet)
- Motion for reconsideration
- Inquiry with the U.S. Embassy or Consulate
- Requesting supervisorial review
- Congressional inquiry
- Reapplication
Trump Administration Revives Travel Ban
On June 4, 2025, President Trump issued Presidential Proclamation Restricting the Entry of Foreign Nationals to Protect the United States from Foreign Terrorists and Other National Security and Public Threats. The travel ban takes effect Monday June 9, 2025, at 12:01 am EDT. The administration invokes national security and public safety as its justification for these…
This Week’s Policies Attacking Chinese Students and Exchange Visitors
ContentsWhat Happened?What Does the Pause in Visa Appointments Mean?What Will the Visa Revocation Policy Mean?Persons with Ties to the Chinese Communist PartyStudents and Exchange Visitors in Critical FieldsHow Does Revocation Work?Chaos Is the Point Two of the Trump administrations favorite foils are immigrants and higher education. This week’s announced initiatives against Chinese students and exchange…
Making a Congressional Inquiry for Help with Your Immigration Case
If you are having problems with your immigration case, a member of the U.S. Congress may be willing to inquire with a Federal immigration agency, such as U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State (DOS) on your behalf.
Case Study: a Congressional Inquiry Made all the Difference for a U.S. Visa Applicant
When a visa application gets stuck at a U.S. Consulate, there are many strategies to consider to get it unstuck: Today, a Congressional inquiry with the U.S. Consulate made all the difference. The case involved a fiancée visa applicant required to submit a China police certificate. She applied for the certificate, but the local police…
Communist Party Membership Makes Some Ineligible for U.S. Green Card and Citizenship
Did you think the Cold War was over? The U.S. Immigration and Nationality Act still makes inadmissible (i.e., ineligible) for permanent residence and citizenship certain persons who have been members of or affiliated with the Communist Party. The Chinese Communist Party (CCP) has some 80 million members, so this ground of ineligibility is a key…
Grounds of Inadmissibility under U.S. Immigration Law
To be issued a visa and admitted to the U.S. at a port of entry, a foreign national must generally not fall within a list of classes of persons who are to be prohibited entry to the U.S. This list is known as the “grounds of inadmissibility.”
Visa Denied? Consider Requesting an Advisory Opinion from LegalNet
ContentsWhat Is LegalNet?What is the Scope of Questions That LegalNet Reviews?Processing TimesConcluding Thoughts If your visa is denied, you may be confused and frustrated. And consular officers may be unwilling or unable to properly explain the grounds for refusal and your options for overcoming the refusal. There is no right to appeal a visa refusal.…
U.S. Visa Denied? Here are Your Options
If your visa is denied, you may be confused and frustrated. And consular officers may be unwilling or unable to properly explain the grounds for refusal and your options for overcoming the refusal. How can an attorney help?
Catalog of U.S. Visa Sanctions Against China (Updated)
This article summarizes the U.S. government's visa sanctions targeting specific Chinese individuals, companies, and institutions.
Proving Nonimmigrant Intent for a U.S. Visa
Contents1. Introduction1.1 Nonimmigrant Intent Requirements for Common Nonimmigrant Visa Classifications1.2 The Burden of Proof1.3 Were You Refused Under Section 214(b)? The Issue May Not Be Nonimmigrant Intent2. The Nonimmigrant Intent Requirement Explained2.1 Unabandoned Foreign Residence2.2 Coming to the U.S. “Temporarily”2.3 Factors Considered by the Consular Officer3. Dual Intent: Can a Person Who Seeks to Immigrate…
Update: Entry Suspended for Chinese Students and Researchers with Military-Civil Fusion Links
The President has issued a May 29, 2020, Proclamation on the Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People’s Republic of China.The proclamation appears to be counter-productive, a distraction from real measures needed to fight Beijing's theft of sensitive technologies, and an attempt to boost Trump's electoral odds by stoking…
Marijuana Use Still Can Lead to Denial of Naturalization
U.S. Citizenship and Immigration Services (USCIS) reminded its officers this week that violation of federal controlled substance law, including for marijuana, is still a basis for denying naturalization. This is true, even if such activity is not unlawful under applicable state or foreign law.
Got Tattoos? U.S. Visa Officers Want to Know
An immigrant visa applicant sporting a tattoo may be questioned about it. The presence of tattoos is noted during the required medical exam. This may lead a consular officer to suspect the applicant has gang affiliations or has abused drugs.
“Birth Tourism” Restricted by New State Department Rule
The State Department has published a Jan. 24 rule taking aim at birth tourism. The rule prohibits issuance of a B-2 (visitor for pleasure) visa if the applicant’s primary purpose for traveling to the U.S. is to gain citizenship for a child by giving birth in the U.S. The new rule will not prohibit pregnant…
Waiver
Certain classes of persons are statutorily ineligible for visas or entry. These classes are known as the “grounds of inadmissibility.” If you are found to be inadmissible, you may qualify for a waiver.
Communist Party Membership Makes Some Ineligible for U.S. Green Card and Citizenship
Did you think the Cold War was over? The U.S. Immigration and Nationality Act still makes inadmissible (i.e., ineligible) for permanent residence and citizenship certain persons who have been members of or affiliated with the Communist Party. The Chinese Communist Party (CCP) has some 80 million members, so this ground of ineligibility is a key…
The Meaning of “Extreme Hardship” for Waiver Purposes
A person found ineligible for a visa may nonetheless qualify one of the various “waivers” allowing visa issuance. Often, issuance of a waiver requires that the applicant prove a qualifying relative will experience “extreme hardship” if the waiver is not granted.
What is Form I-601, Application for Waiver of Grounds of Inadmissibility?
An individual who an immigration officer or consular officer has determined is inadmissible to the United States as an immigrant or to adjust status in the United States, and certain nonimmigrant applicants who are deemed inadmissible, must file the Form I-601, Application for Waiver of Grounds of Inadmissibility, to seek a waiver of certain grounds…
Common Waivers of Inadmissibility
If a consular officer denies a visa application, there is no appeal. Still, there may be several ways to challenge a visa denial, such as requesting reconsideration, supervisorial review, or an advisory opinion, or resubmitting the application. If a visa denial cannot be overcome, it may be possible to request a "waiver." A waiver is…