On a consular processing case
We’ve been working on a consular case for a client who’s been wrapped up with a fraudulent company that hired her while she was on STEM OPT.
She has a formal finding of misrepresentation on her record, which we’re now contesting as USCIS never even asked my client any questions that could have led to a misrepresentation.
We’re explaining this to the consulate now - that her inadmissibility is baseless.
Working with the consulate is a highly discretionary process as you don’t really get to speak to anyone when you work with them (all you can do is send in the documents to have them reviewed and wait for a decision).
If the visa is denied, it is possible to litigate the case but this will take time and if litigation does not work, she will need a waiver once her spouse becomes a permanent resident of the U.S.
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Interested in EB-1A, EB-2 NIW or O-1? Feel free to reach out at [email protected] or via LinkedIn messages and I’ll get back to you shortly!
Immigration Attorney for Employees, Families, and Individuals
7 个月Want to learn more about OPT fraud? Here's a video on OPT fraud and consular processing: https://youtu.be/9Ha5chGH8Us?si=5SLf7WgywV1vnd5N.
Immigration Attorney for Employees, Families, and Individuals
7 个月You can also sign up for the Discord community (paid) I created for immigrants who want to take control of their own future where I answer questions, provide access to my weekly livestream, and share evergreen resources to help with profile-building for EB-1A, EB-2 NIW, and O-1. Here's a link to the Discord: https://discord.gg/zU3ABrhbRa. For free resources, in addition to regular LinkedIn posts, you can also check out my YouTube channel (search for Waypoint Immigration USA on YouTube) where I post segments from the weekly livestreams and my LinkedIn and email newsletters where I plan to post more long-form content in the near future (https://waypointimmigrationusa.substack.com/).