Delay
Has your USCIS application or petition gotten stuck?
Maybe there has been delay scheduling you for biometrics, scheduling an appointment, or issuing a decision in your case.
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:
- Contacting USCIS Customer Support
- Congressional inquiry
- Request expedited processing
- Raise the issue with the American Immigration Lawyers Association (AILA) liaison
- Contacting the CIS Ombudsman
- 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.
Get Help from the CIS Ombudsman
ContentsMarch 21, 2025 UpdateWhat Is an “Ombudsman”?Types of Assistance Offered by the CIS OmbudsmanLimits to What the CIS Ombudsman Can DoYou Must Seek Help from USCIS FirstHow to Request Help from the CIS OmbudsmanHow Our Law Firm Can Support You Navigating the complexities of U.S. Citizenship and Immigration Services (USCIS) can sometimes feel overwhelming. Applications…
Request for Evidence (RFE) or Notice of Intent to Deny (NOID)
Has USCIS issued an RFE or NOID in your case? Our law firm can help.
- RFE: This is a formal notice from USCIS indicating they need additional information or documentation to proceed with your application. RFEs may be triggered by missing documents, inconsistencies in information, or insufficient proof of eligibility.
- NOID: This is a formal letter from USCIS informing you that your application or petition is likely to be denied unless you provide additional evidence or address issues raised by USCIS. It’s essentially a chance to strengthen your case before a final decision is made.
USCIS will specify a deadline to respond to an RFE or NOID. No extension is available. All responsive evidence must be submitted in one filing, rather than bit by bit. In some cases, the evidence should be accompanied by a legal memorandum explaining how the initial evidence and the additional evidence submitted in response to the RFE or NOID qualify you for the immigration benefit requested.
Denial
Has USCIS denied your application or petition?
A visa application may be denied for one or more reasons, such as:
- Some applications can be refused for failure to prove nonimmigrant intent.
- An application or petition can be denied on the basis that you don’t meet one or more of the requirements for the specific classification your are seeking.
- Certain classes of persons are statutorily ineligible for adjustment of status or an immigration classification. These classes are known as the “grounds of inadmissibility.”
Our law firm may be able to help you overcome the denial, such as by:
- Appeal
- Motion to reopen
- Motion for reconsideration
- Congressional inquiry
- Reapplication
- Judicial review in Federal Court
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.”
USCIS Policy Manual Update on Immigrant Membership in the Communist Party
During the Trump administration, immigration lawyers have become accustomed to “shock by memo,” meaning backdoor rules announced by government memo with no prior notice, typically on a Friday afternoon, which leave us scrambling to help clients understand how the new rules may apply to applications filed months or years ago under a different memo.[1] On…
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…
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.
Waiver
Certain persons who fall within the ground of inadmissibility may still be granted for immigration benefits, such as adjustment of status, if they 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…