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Visa Waiver for Refusal at the US Consulate

29th June 2010
By Cathy Tran Reck in Immigration Law
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For US visa applicants who were issued a "blue sheet" 221(g) under Immigration and Nationality Act (INA), wherein the consular officer discovered new information or detected a discrepancy in the case, the applicant is given an opportunity to remit evidence to reconcile the issue at hand. This may be in the form of more providing them missing documents, or an affidavit from the US citizen petitioner attesting to the discrepancy. The purpose of the consular interview is not to harass or intimidate the fiance(e) but to determine whether the individual has complied with the requirements for the visa.

In light of this, should the applicant receive an outright denial as the consular officer predicated the decision on some fraud or misrepresentation in the relationship, then more than likely found the applicant legally inadmissible to the US. Often, there are waivers available for the applicant depending on the grounds of inadmissibility. For instance, an applicant may be inadmissible based on a previous overstay in the US, therefore a proper basis for a I-212 waiver for overstay.

In waiver type cases for visa denial at the US Consulate abroad, the only advocate capable of appealing or submitting a motion to appeal or motion to reconsider is the American attorney licensed in the US. Visa agents or non-licensed attorneys may not be able to submit the proper motion to reconsider or waiver and may cause unnecessary delays. Only licensed US lawyers can enter as the Attorney of Record for the visa applicant and are able to communicate with the consular officer directly on the status of the case.
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About the Author
Occupation: U.S. Lawyer
Cathy Tran Reck is an American immigration attorney working from Bangkok, Thailand. Cathy is the Managing Partner at Cathy Tran Reck & Associates, Ltd. Bangkok with an office in Bangkok, Thailand and Ho Chi Minh City, Vietnam. Cathy is licensed by the California State Bar, American Bar Association, and a member of the American Immigration Lawyers Association. She can be reached at or in Bangkok at (+66) 2 302 1448.

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