what should i do the attorney who process my us visa file it wrong

Your best bet is to contact the office that should have your file, explain the situation, and if need be submit a copy of the application you sent. If that doesn't work, or you just can't wait any longer, definitely contact an immigration lawyer. Your Immigration-Related Mail Got Sent to the Wrong Address

Full Answer

Do I need a lawyer to apply for a visa?

Applying for a visa is a costly and complicated process. Most people will advise that you need the help of a specialized attorney. The reality is, many people that apply for visas and green cards, can’t actually afford the high attorney fees that come with them.

What should a lawyer do if a consular officer refuses a visa?

If the lawyer believes the refusing visa officer or the chief consular officer made a mistake of law in refusing an application, the lawyer should consider seeking an advisory opinion from the Advisory Opinions Division (AOD) of the State Department’s Visa Office. The AOD will not review assertions that the consular officer made a mistake of fact.

Will I be asked about my criminal record in a visa application?

You'll be asked about your criminal record in any U.S. visa application. However, information pertaining to any arrests and criminal convictions is also readily available to immigration officers during the processing of the visa.

What should I do if I cannot get a visa?

Generally you should get a refusal letter; this will explain the reason why we are unable to issue you with a visa and provide information on the procedures you should follow.

What if the USCIS makes a mistake?

Some mistakes are too serious for the Contact Center to help you with. In addition to calling them, or as an alternative, you can send a letter to the USCIS office that is processing your form, explaining the mistake and how it should be corrected, with a new signed form.

Can immigration lawyer speed up process USA?

The immigration process can be intimidating and take a long time, but hiring an immigration attorney to support you with your case can speed up the process and help you meet your goals.

Can I sue USCIS officer?

In short, yes. One can exercise their rights and legally sue USCIS. While this action is possible, it is rare.

Can I sue USCIS without a lawyer?

If the immigration service refuses to act, you can sue them in federal court by filing a lawsuit against USCIS. Once you have already had your naturalization test and interview and more than 120 days (four months) have gone by, you can go into federal court and ask a judge to naturalize you themselves.

How can I make immigration process faster?

You can generally request expedited processing by calling the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) or by asking Emma after you have obtained a receipt notice.

What can I do if USCIS takes too long?

The Administrative Procedures Act has a provision that says that if an immigration application has been pending for an unreasonable amount of time, then the applicant or the beneficiary of the application has a right to bring a legal action (“Writ of Mandamus”) against the immigration department (USCIS) and request ...

How do I file a complaint against USCIS?

Ways of Submitting Complaints Persons can make a complaint in a USCIS office by asking to speak to a supervisor. In these situations, a supervisor must be made available within a reasonable amount of time. The supervisor should take the complainant's name and information about the nature of the complaint.

How much is it to sue USCIS?

What Are the Filing Fees? Fees for U.S. District Court Complaint is $350.00, plus $50.00 (est.)

Can I sue Visa?

You're not allowed to initiate Visa litigation in most courts (it's true — it's there in the fine print of your contract with them). But the exception is small claims court, which is an opportunity to bring your claim locally before a judge, up to a certain monetary limit.

Can I sue USCIS for taking too long?

You may sue the USCIS if it is taking longer than usual to process or decide your case.

Can I sue USCIS for denial?

In short, yes, you can sue the government if your petition has been denied. Not only that, at a time when the government is denying or delaying decisions at a record frequency, a lawsuit might be your most promising option for success after filing an unsuccessful petition.

How do I contact USCIS ombudsman?

Case Assistance Call the USCIS National Customer Service Center at 1-800-375-5283.

What to do if consular officer refuses visa?

If the lawyer believes the refusing visa officer or the chief consular officer made a mistake of law in refusing an application, the lawyer should consider seeking an advisory opinion from the Advisory Opinions Division (AOD) of the State Department’s Visa Office. The AOD will not review assertions that the consular officer made a mistake of fact. All advisory opinion requests are routed through the Office of Public and Diplomatic Liaison, Public Inquiries Division. The Public Inquiries Division reviews all requests to determine whether they involve legal questions. If the request involves a legal question, the Public Inquiries Division will obtain the record from the consulate and forward it along with the inquiry to AOD. Attorneys generally receive at least an interim response within 15 days. The response will not be the actual advisory opinion issued to the consular post but instead a summary of that opinion. Advisory opinions on interpretations of law are binding on consular officers, but consular officers have exclusive legal authority to apply the law to the facts.

What to do if a visa is refused?

With certain exceptions, consular officer should notify the applicant orally and in writing of the grounds of refusal. If the consular officer has not done so—or the applicant has not understood—the lawyer’s role may be to inquire further with the consular officer about the grounds of refusal.

How long can a visa denial be deferred?

There is no time limit for how long a case requiring additional evidence may be deferred before the review is initiated. The supervisor who reviews the visa refusal has three options: (1) affirm the denial; (2) request an advisory opinion from the State Department; or (3) assume responsibility and readjudicate the case.

How long does it take for USCIS to revoke a visa?

This process can take several months or longer .

What documents are returned to USCIS?

The documents to be returned to the USCIS include the original petition along with all supporting documents. Upon receiving these materials, the USCIS adjudications officer may issue a Notice of Intent to Revoke requiring the petitioner to re-establish eligibility for the benefit sought.

Do consular officers have the right to appeal?

Consular officers have nearly absolute authority to make decisions as they see fit, while applicants have no right to administrative appeal, and lawyers have no right to be present at the consular interview. But clients are best served by lawyers with expertise in consular processing. 1. Visa Refusals.

Does the AOD review consular statements?

The AOD will not review assertions that the consular officer made a mistake of fact. All advisory opinion requests are routed through the Office of Public and Diplomatic Liaison, Public Inquiries Division. The Public Inquiries Division reviews all requests to determine whether they involve legal questions.

What is Martindale Nolo?

Nolo is a part of the Martindale Nolo network, which has been matching clients with attorneys for 100+ years.

What does a consular officer decide after an interview?

Instead a consular officer will: after the interview, decide whether a waiver should be granted, based on your explanation and the type of misrepresentation and its seriousness; the reason for your travel to the U.S.; and any effects of your travel, whether positive or negative, on the interests of the U.S. public.

What are some examples of false information?

Some examples of false information that can result in visa denial include the following: 1 false personal information 2 failing to reveal past visa refusals 3 lying about past criminal activity or convictions

What happens if someone submits false information on a visa?

Any time someone submits a U.S. visa application that contains false information, it is considered a fraud against the U.S. government. The result is that the person might face a substantial delay or denial of the visa and quite possibly the denial of subsequent immigration applications.

Is lying on a visa a violation of the law?

Any time someone submits a visa application that contains false information, it is considered a fraud against the U.S. government. The result is that the person might face a substantial delay or denial of the visa and quite possibly the denial of subsequent immigration applications. In fact, because lying on a visa application is a violation ...

Can you get a visa if you give false information?

If providing false information on your visa application was an intentional attempt to hide a particular fact, then you'll need to realize that immigration laws treat false information on a visa application very seriously —and possibly as a crime of moral turpitude. In order to get any sort of visa to the U.S. in the future, you will need to convince the U.S. government to forgive or overlook the past misrepresentation, by requesting a waiver of inadmissibility.

Can you provide false information on a visa application?

If providing false information on your application was an intentional attempt to hide a particular fact, then you'll need to realize that immigration laws treat false information on a visa application very seriously —and possibly as a crime of moral turpitude.

How to overcome a visa refusal?

Some visa refusals can be overcome by the furnishing additional information by applicant information that establishes an applicant's eligibility for the visa.If you believe you have more information and evidence that can help visa officer to make the decision in your favor, you should reapply for the visa with all the information and supporting documents.

Why is a visa denied?

immigration and visa law guidelines , a visa must be denied if the applicant cannot establish his or her eligibility, either because the application does not meet the requirements of an established visa category, or because there are grounds for ineligibility based on other aspects of the visa case.

What are consular ties?

Such ties may include business, employment, family, property or other connections which satisfy a consular officer that the applicant will leave the United States voluntarily after a temporary visit. For example, you may bring a letter from your current employer, on letterhead, with your position/job title, length of employment, and monthly salary and your three most recent month's bank statements.

What do consular officers focus on?

Consular officers tend to focus on factors that help us determine whether the applicants possess compelling ties to applicant's home country:

What is a visa officer?

Visa officers are required to evaluate the applicants overall situation in reaching a decision. Statement indicating that the applicant intends to return to home country are helpful, but under the requirements of U.S. law the statement alone is not adequate to show that they qualify for a visa.

What is a refusal letter?

Generally you should get a refusal letter; this will explain the reason why we are unable to issue you with a visa and provide information on the procedures you should follow.

What are consular officers trained to look at?

Consular officers are trained to look at each application individually and consider professional, social, cultural and other factors.

How to hire an attorney for a visa?

If you wish to hire an attorney, please submit a signed form G-28 Notice of Entry of Appearance as Attorney or Representative to the National Visa Center (NVC) using our Public Inquiry Form.

How to transfer a case to a consulate?

If your case is at a U.S. embassy or consulate, contact the potential gaining U.S. embassy or consulate in writing to request a transfer of your case. Please include a justification for the request. If you are not a resident of that country, specify that in your request.

How to withdraw a petition from NVC?

To withdraw a petition, you must submit a signed written statement requesting that the petition be withdrawn and explaining the reason to NVC using our Public Inquiry Form. If an attorney or accredited representative submits the request, a G-28, Notice of Entry of Appearance as Attorney or Representative, must accompany the request.

What happens if a visa is not available?

If a visa is not available, unfortunately there is nothing that NVC can do to expedite the petition. Immigrant visa processing is governed by the Immigration and Nationality Act of 1952, as amended, which controls availability of visas. There is no provision within the law that would allow the Department of State to issue a visa to someone for whom a visa is unavailable.

How to change visa category back to F2B?

Applicants whose case is at NVC should submit requests using NVC’s online inquiry form. NVC will forward the request to USCIS and change the visa category back to F2B upon receipt of USCIS’s approval.

What does NVC do with a visa?

If a visa is available for your petition (or if the Department of State believes that one will be available in the next several months), NVC will send you, the beneficiary, a letter or email directing you to begin visa pre-processing with NVC.

What happens if you don't get a visa?

If visas are not available for your visa category, NVC will notify you that NVC received your petition and will hold it until a visa becomes available.

What to do if you receive a RFE letter?

If you receive a RFE letter, send the documents the USCIS requested and corrections, if any, within the time the USCIS has provided. You will not have to pay any additional fee for this. However, if your mistake is a serious one and your case is rejected, you will have to start the application process again.

How to correct USCIS form entry errors?

In order to correct USCIS form entry mistakes, wait until USCIS has received your application. As a result of receiving the application, USCIS send you a receipt notice. namely, this is called Notice of Action 1 (NOA1). As a result, a unique receipt number will be assigned to your case.

What is visa services?

Visa Services International is a professional provider of immigration services, specializing in the fiance visa (K-1) process , spouse visa (IR-1/CR-1) process , adjustment of status and removal of conditions. They have successfully navigated the processes of USCIS, (US Citizenship & Immigration Services), the NVC , (National Visa Center), and US Embassies around the globe, including republics of the former Soviet Union, Central Asia and the Asia-Pacific regions. If you want fast, professional service and positive results, look no further than Visa Services International.

How to contact USCIS about mistake?

Call USCIS Customer Service Center. Once you receive this notice, call the USCIS National Customer Service Center at 1 (800) 375-5283. Then, tell the customer service agent that you made a mistake on your form. In addition, request if they can fix the error.

What is visa consultant?

Visa/Immigration consultants are professionals experienced in preparing visa petition applications and other immigration services for a fee. The consultant fee is on top of the U.S. government fees listed above. Although, there are many individuals and companies world-wide that offer these services. We recommend using either Visa Services International or Rapid Visa.

What is the NVC in the US?

They have successfully navigated the processes of USCIS, (US Citizenship & Immigration Services), the NVC , (National Visa Center), and US Embassies around the globe, including republics of the former Soviet Union, Central Asia and the Asia-Pacific regions.

What happens if you send a letter to USCIS?

If your letter reaches USCIS on time, they may accept the correction and start processing your case . However, if it is too late and if the agency has already started to work on your case, your letter may not be considered. In this case, you will be sent a Request for Evidence (RFE) . If you receive a RFE letter, send the documents the USCIS requested and corrections, if any, within the time the USCIS has provided. You will not have to pay any additional fee for this.

How to access DS-160 form?

The Embassy or Consulate at which you actually apply should be able to access your form using the barcode on your DS-160 confirmation page, which you must bring to the visa interview. For example, a business traveler intends to apply for his visa at the U.S. Embassy in City X, so he selects City X as the location where he will submit his application when he completes his DS-160. He then has an urgent reason to travel to City Y on business. Because there is a U.S. Consulate in City Y, he schedules an appointment for a visa interview there, using the barcode from his completed DS-160 application for appointment scheduling. The U.S. Consulate in City Y is able to accept his DS-160 even though it lists the U.S. Embassy in City X as the location where he originally intended to submit his application.

What happens if you don't answer a mandatory question?

If you do not complete a mandatory question, the system will display an error message and require you to answer the question before continuing with the application. If you do not answer questions that apply to your circumstances and/or purpose of travel, the system will not accept your application. ALL / ALL /.

What happens if you are illiterate and cannot complete the application?

If an applicant is illiterate or unable to complete the application, the applicant must be assisted by a third party. The third party must be identified on the “Sign and Submit” page of the application. While the third party can assist the applicant in completing the application, he or she must instruct the applicant on how to endorse the application on his or her own behalf by clicking the “Sign Application” button.

How to enter a surname if you have only used another name?

Make sure to enter the other names you have used in full. Thus, if you have only used another surname, enter it along with your usual given name. If you have only used another given name, enter it along with your usual surname.

What information is required for a resume?

Résumé or Curriculum Vitae - You may be required to provide information about your current and previous education and work history.

Where to contact for specific instructions?

Contact the U.S. Embassy or Consulate where you applied for specific instructions.

Do you have to have your fingerprints scanned for a visa?

Unless you are exempted from appearing in person, your fingerprints will be electronically scanned on the day of your interview. By providing your fingerprints, you will again certify that that you have answered all questions on the DS-160 truthfully and to the best of your knowledge, and that you will tell the truth during your visa interview. You will be directed to read the following statement prior to having your fingerprints scanned:

How long is a visa valid for?

Example: Say, as per the visa guidelines, a visa is valid for 3 months that grants a 30-day entry. And say, your itinerary for the visa is 15 days. You will still be granted a visa valid for 3 months with a 30-day entry.

What do consulates want to see?

Consulates would like to see a complete itinerary. They would like to see the itinerary beginning and ending in your home country or country of residence.

What factors affect a sponsor's visa?

Factors such as your sponsor’s track record, legal status, tax obligations, prior visa denials, etc. come into play. If you don’t know your sponsor well, you may be taking the risk.

Why is there a stamp on my passport for Thailand?

They put a large and clear stamp on his passport saying that he is permanently banned from entering Thailand. This will definitely affect his future visas and travels to Thailand. Since the stamp is huge and clear in his passport, he will have trouble with visas and travel to any country in the future.

Why was someone detained at Heathrow?

Someone I know was detained for several hours at London’s Heathrow airport for saying that he will be working remotely during his stay. On his second trip, he was detained again as the immigration officials already had him blacklisted from his earlier trip. He was asked not to open his laptop at all during his stay.

Do you need a visa for return onward?

You would need confirmed return/onward tickets for Visa EXEMPTION and Visa ON ARRIVAL.

Who is Thirumal Motati?

Thirumal Motati is a world traveler and digital nomad from India. He is on a mission to travel to every country in the world on his Indian passport. He believes that his weak passport cannot stop him from traveling the world. Through this blog, he inspires many to take up the life of travel despite their weak passports. His guidance has helped many secure their visas and fulfill their travel dreams.

What is a non-immigrant visa?

Non-immigrant work visas are visas that are obtained for the purpose to work, invest, trade and do business in the U.S. Non-immigrant visas only apply for a limited time period and do not lead to permanent residency or citizenship.

How long do you have to work for a L-1 visa?

To be eligible, you must have worked at the foreign office of the company for one year in the three years prior to your application.

What is an adjustment of status?

An Adjustment of Status is where someone currently living in the U.S under a non-immigrant visa becomes a beneficiary of an approved immigrant petition and apply for their status to be changed to permanent resident. The person or entity that filed your immigrant petition has to file an I-485 form.

What is an H-4 visa?

H-4 visas are visas dependents of H-1B visa holders can apply for. This visa is used so that dependents (spouse and children under the age of 21 years) can stay with the H-1B visa holder in the U.S. Your application for an H-4 visa can be submitted with the H-1B visa application. H-4 visas allow the holders to work en get an education in the U.S.

How to get a Perm certification?

In order to obtain a PERM Labour Certification, your employer will have to prove that they were not able to find a suitably qualified U.S employee for the position. You will also need to be employed on a full-time, permanent basis.

Can a foreign national get an O-1 visa?

Foreign nationals with extraordinary abilities in one of the below categories can obtain an O-1 non-immigrant visa. The purpose of the visa is for these individuals to engage in the activities in the U.S.

Can a US citizen petition for a foreign citizen to live in the US?

U.S Citizens and legal permanent residents are allowed to petition for foreign relatives to come live in the U.S legally. There are two categories, namely Immediate Relative Petitions and Family Preference Petitions. The category of family members that are allowed to come to live in the U.S differs if you are a U.S citizen versus only being a green card holder.

Visa Refusals

Grounds For Refusal

Reconsideration Or Resubmission of Applications

Supervisorial Review at The Consular Post

Advisory Opinion from The Visa Office

• If the lawyer believes the refusing visa officer or the chief consular officer made a mistake of law in refusing an application, the lawyer should consider seeking an advisory opinion from the Advisory Opinions Division (AOD) of the State Department’s Visa Office. The AOD will not review assertions that the consular officer made a mistake of fact. ...

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