Frequently Asked Questions
I have been told there is nothing I can do once my visa is denied. Is that true?
No, that is no longer true. Since 2022, a series of decisions by federal courts (including cases litigated by our firm) have opened new avenues for individuals to challenge visa denials. To learn if this applies to the facts in your case, contact us for a consultation today.
What are some factors that make it more likely I can succeed in challenging a visa denial?
Each case is different, but several factors are relevant in determining the likelihood of reversing a visa denial. If the consular officer provided no factual information as the basis for the denial, this may increase your chances of overturning the denial. Similarly, if the consular officer waited an extremely long time before issuing a denial letter, this may mean the officer violated your constitutional rights. There are many other fact-specific elements of each case that may increase or decrease the likelihood of success.
Does the State Department ever settle cases to avoid lengthy and costly litigation?
Yes, sometimes. Our firm has had success in compelling the State Department to overturn wrongful visa denials voluntarily, rather than expending clients’ precious time and resources in federal litigation. While such an outcome can never be guaranteed, our firm understands that our clients want to be reunified with their family members as quickly as possible.
Why has it been so difficult to challenge visa denials in the past?
Visa denials have historically been difficult to challenge due to a legal doctrine called the “doctrine of consular nonreviewability.” In the past, this doctrine has been interpreted to block immigrants and their loved ones from exercising their right to sue the government to ensure their visa application is fairly adjudicated. Today, courts have begun to recognize that visa denials implicate the fundamental constitutional rights of US citizen family members of visa applicants, and have therefore begun to demand that consular officers provide clear and prompt factual reasons for all visa denials.
I am an attorney with a client whose visa was denied. Does your firm collaborate with other attorneys considering filing challenges to unfair visa denials?
Yes, we collaborate with attorneys at various stages in the litigation process, from deciding whether litigation is appropriate to making appearances and authoring/editing briefs. If you are an attorney who is interested in speaking about a pending or prospective case, contact us to arrange a discussion.