Don’t Worry – An Experienced Attorney Can Assist You with Your Request for Evidence
You thought that you supplied USCIS with all the required documentation. You clearly qualify for the benefit being sought. However, USCIS has stated that “the evidence you submitted is insufficient to establish eligibility.” Now your only recourse is to “submit evidence which meets the requirements as specified below.”
Over the past two-years, immigrants and temporary workers have faced an ever-increasing gauntlet as they navigate the US immigration system.
The National Foundation for American Policy (NFAP) found ineligibility findings used by the State Department to refuse visa applicants increased 39% for immigrants and 5% for nonimmigrants (individuals seeking temporary visas) between 2017 and 2018. Additionally, the number of temporary visas issued declined 7% from 2017 to 2018, while the number of immigrant (permanent resident) visas issued fell 5% from 2017 to 2018.
Overall Visa Refusals Increase Leading to Fewer Visas Issued in 2018
The overall number of temporary visas issued by the State Department declined 653,887 or 7% between 2017 and 2018.
- The number of B1/B2 visas issued declined 9% from 6,276,851 in 2017 – 5,708,278 in 2018.
- The number of Temporary visas issued declined 1,353,465 or 13%.
- The number of immigrants issued permanent residence visas between 2016 and 2018 declined 14%.
- The number of Immediate Relatives (spouses, children, and parents of U.S. citizens) issued visas declined 7% from 254,430 in 2017 to 236,526 in 2018.
- The number of visas issued to Immediate Relatives declined 25%, or 78,826, between 2016 and 2018.
- The number of F1 student visas issued declined 8% from 393,573 in 2017 to 362,929 in 2018.
USCIS has Also Increased its Visa Refusals for Other grounds
In 2018, the largest increase in visa refusals for immigrants on other grounds:
- Determinations of visa ineligibility based on 212(a)(4) increased 316% from 3,237 in 2017 to 13,450 in 2018.
- Determinations of visa ineligibility based on 221(g) increased 34% for immigrants from 254,478 in 2017 to 341,128 in 2018.
- Determinations of “Misrepresentation” for immigrants, 212(a)(6)(C)(i), as a ground of ineligibility increased 38% from 5,862 in 2017 to 8,078 in 2018.
- Determinations of “Smugglers of aliens,” 212(a)(6)(E), as a ground of ineligibility increased 113% from 2,521 in FY 2017 to 5,379 in FY 2018. This increase is attributed to denials on grounds of family member assistance for spouses or other relatives.
These changes highlight the need for an Experienced Immigration Attorney
Our immigration law attorneys are focused on meeting our clients’ needs and objectives, whether they are foreign nationals seeking temporary or permanent residence in the U.S., or employers needing assistance in sponsoring an employee or individuals sponsoring a family member for a visa. We explore all immigrant and nonimmigrant visa options to provide clients with the most efficient and effective strategy to obtain their goals.
We have extensive experience advising business professionals and employers regarding various employment-based visas, counseling clients through labor certification (PERM), and proactively assisting businesses with immigration compliance and enforcement. Some of the business or employment-based visas that we regularly handle include H working visas, L working visas, O visas, and R visas.
Contact a San Francisco Immigration Lawyer
Trump administration policies are making it more difficult for both immigrants and temporary visas holders to enter the United States. Contact an experienced immigration law attorney at Litwin & Smith. Led by a certified specialist in immigration, our team of immigration and naturalization attorneys can assist you and your family with all of your business and personal immigration needs.
For more detailed information regarding work and family visas, green cards, and other immigration and naturalization issues, please view our Immigration Articles.
State Department Visa Refusals in FY 2018 for Immigrants and Nonimmigrants, NFAP Policy Brief, National Federation for American Policy, March 1, 2019, https://nfap.com/wp-content/uploads/2019/03/State-Department-Visa-Refusals-In-FY-2018.NFAP-Policy-Brief.March-2019.pdf (Accessed May 14, 2019)
State Department Visa Refusals in FY 2018