DOS Sample Cases

These are some sample cases from our files. It is impossible for us to present all have done past over 15 years of our practice. But these were some cases that came to mind when we started writing this column 2-3 years ago.

Type of Case: Fraud Findings Reversed
Category: Immigration through Marriage, US Consulates, Fraud/Misrepresentation, FDNS
Status: Green Card Approved after Fraud Finding

We were asked to provide a second opinion on a complicated case where the US consulate had denied a green card based upon a finding that the beneficiary/applicant had committed visa fraud where they had earlier misused a visa.  The consulate directed the applicant to file for a waiver (which is quite difficult to obtain).  Note that a finding of fraud is a permanent bar from entering the USA.

When we reviewed the file, it appeared to be quite clear that the finding of fraud was unjustified.  A “misuse” of a visa is not by itself fraud, unless some lies or deception were involved.  So, our recommendation to our clients was to fight the fraud finding, for which we were then retained.  Well, after several  rounds of argument  lasting over a year with the consulate and the Washington, DC office in charge of the consulates, finally, this morning, we have received the approval of the green card.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Type of Case: Investigations
Category: General Green Card, ICE, USCIS, DOJ, DOS, Investigations, H Visa
Status:

 As of May 2009, we have been involved with over 100 investigations from USDOL, ICE, USDOJ, DOS and FBI.  One theme that emerges quite clearly is this.  A governmental investigation is NOT the same thing as a normal litigation.  The investigators are all things rolled into one: police, prosecutor and judge.  I have seen so many investigations being mishandled because counsel failed to recognize this truth.  By the time we get called in, it gets difficult to mop up the mess.  I like to believe that all investigations that we have handled from the beginning have brought good results.  While the government has a lot of power, they are not omnipotent.  Some items have to be firmly and politely declined.  And of course, where necessary, we are willing to go to court over our stand.  Folks, investigations have become a way of life.  We just have to be prepared for them.  When we conduct preventative audits for clients, we point out the things in their files that need to be addressed and improved.  In my view, it is extremely important that audits of existing files and procedures be conducted.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.