Kolken & Kolken. Results-oriented immigration lawyers - specializing in Green Card, Deportation Cases and Temporary Visas.


Published: Jun 18, 2014

Our client is a native and citizen of India.  Prior to the retention of our services, his United States citizen father filed an immigrant visa petition on his behalf, listing our client's wife and daughter as derivatives.  Our client filed Immigration Visa Applications for himself, his wife and their daughter.  They appeared for immigrant visa interviews at the U.S. Consulate General in Mumbai, India, where their visas were refused.  The Consulate claimed that our client was inadmissible to the United States for fraud or for willfully misrepresenting a material fact.

We were then retained to file an Application for a Waiver of Inadmissibility on our client's behalf.  During the investigation of our client's case, we determined that the Mumbai Consulate neglected to set forth the factual basis for the refusal of our client's visa in the Visa Refusal Worksheet, as required by the Department of State's Foreign Affairs Manual for Consular Officers.
We submitted several requests for further information to the Mumbai Consulate, to which we received no response.  We then contacted the Department of State Visa Office's attorney inquiry system, LegalNet.  We set forth the facts of our client's case and the unresponsiveness of the Mumbai Consulate, and asked LegalNet if they could help us receive an explanation of the factual basis on which our client's visa was refused because the Consulate's determination was made without complying with the legal requirements of the Foreign Affairs Manual.  LegalNet responded that they would review our inquiry and work directly with the Consulate to reach a conclusion for our client.
Less than one month later, LegalNet informed our office that the Mumbai Consulate would be contacting our client directly regarding further processing of his case.  Our client received a letter directly from the Consulate asking him to come in for a second visa interview.  Our client then appeared for the interview with his wife and daughter, at which time he was told the Consulate would issue the visas.
Our client, his wife and their daughter and how received their immigrant visas and are in the process of moving to the United States.
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