Legal Question in Immigration Law in Florida

Re: Inmigration

According to Section 212(a)(6)(E) and 212(a)(6)(C) of the Immigration and Nationality Act ("INA"), Smugglers (defined as any alien who at any time has knowingly encouraged, induced, assisted, abetted, or aided any other alien to enter, or to try to enter, the United States in violation of law) and any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under the INA, is inadmissible.

ALL non-immigrant visa ("NIV") refusals may be reviewed. A principal or alternate consular officer, but not a denied applicant, may refer a case to the Visa Office in the Bureau of Consular Affairs of the United States Department of State, or the Department itself, may request a Consular Officer in a specific case, or class of cases, to submit a report on a visa refusal, or refusals. The first step in review by the Visa Office is to consult with the Consul in charge of the pertinent visa section. The particular visa applicant, who is not consulted, may not even know that the Visa Office is reviewing the case.

After the Visa Office has completed its review, it issues an Advisory Opinion. This Opinion is binding on all interpretations of law so long as it complies with opinions of the Attorney General, but is advisory only on factual issues. Although the intra-consular process plays an important role, it is certainly not the equivalent of an INS review board. Most importantly, although most immigration decisions by INS officers are appealable administratively, there is no formal, extra-consular means for administrative review of visa denials.

You should utilize the services of a competent Attorney familiar with such matters. Please call us immediately to speak with any one of our seasoned, experienced Immigration and Consular Processing Attorneys.