Legal Question in Immigration Law in Texas

When is a written brief needed when filing a waiver for inadmissibilty on a non immigrant visa.

My family paid an attorney 10k for a brief. Which he suggested for a family member deported 10 years ago for entering the country in correctly. When we got to the embassy for a non immigrant visa B-2 the officer didn't even look at the brief and denied the visa based on 214 which all the supporting documents were there. Now the attorney is suggesting we speak to an attorney that details with the embassy. We are so confused.


Asked on 11/21/13, 6:09 am

2 Answers from Attorneys
Michael Cho Law Offices of Michael Cho

If you are referring to the I-212 waiver for a prior removal, then that bar to inadmissibility typically lasts for 10 years unless it was a second or subsequent removal:

http://www.smartimmigrationlawyer.com/i-212-waiver/i-212-waiver-requirements/

Are you sure the I-212 was required?

Additionally, you must still qualify separately for the B-2 visa.

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Answered on 11/21/13, 6:17 am
Marlene Hemmings Marlene Hemmings, Attorney at Law

Sounds like you overpaid.

A "legal brief" is only admissible in Court. So, whatever the attorney filed was not a brief & probably not worth $10,000! You can always report this to the State Bar.

I would suggest speaking with an attorney who is experienced not only in Consular Processing & Waivers, but also with Removal, for the answers you seek.

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Answered on 11/21/13, 9:23 am


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