Recently, a colleague of mine asked for help with a non-immigrant visa that was denied at the consulate in Islamabad. Now, I have written in the past about B1/B2 denials, and how to overcome them. If you need help with that, give me a ring or email us. But what about other types of visas? In 2014, we had a rather special case, which will serve to illustrate this topic well.
A client, we’ll call him Bob, came to us regarding his nephew, Sal. Sal was denied entry into the United States on a diversity visa (this would have led to a green-card, or legal permanent resident status). His denial was based on the alleged use of khat. We filed to have that determination overturned. While it was successful, it turns out, he was not eligible to come to the US for other reasons (don’t get me started on, “things that your client conveniently forgets to tell you that later screw-up your case”). I thought, however, because my colleague asked for guidance on how to appeal an embassy or consulate denial, I would post my answer here. To wit:
The proper application is to request the consulate/consular officer reconsider the application per 22 CFR §42.81(c) which reads:
c) Review of refusal at consular office. If the grounds of ineligibility upon which the visa was refused cannot be overcome by the presentation of additional evidence, the principal consular officer at a post, or a specifically designated alternate, shall review the case without delay, record the review decision, and sign and date the prescribed form. If the grounds of ineligibility may be overcome by the presentation of additional evidence and the applicant indicates the intention to submit such evidence, a review of the refusal may be deferred. If the principal consular officer or alternate does not concur in the refusal, that officer shall either (1) refer the case to the Department for an advisory opinion, or (2) assume responsibility for final action on the case.
Need help with writing the appeal? Give me a ring! Happy to assist in reviewing or drafting the documents for the embassy. You send it to the non-immigrant email address for the given embassy, and I made a point of contacting the ombudsman at the State Department as well.
