A visa refusal under 212(a)(3)(b) can be very frustrating. There are few options on how to move forward. One option is to investigate to better understand what happened. Pursuant to the Freedom of Information Act, the U.S. State Department must provide requested records and documents in relation to denied visa applications. Therefore, Preparing FOIA Request after 212(a)(3)(b) Refusal is a service we offer.
TWO BENEFITS TO FILING FOIA REQUEST:
1) These records could reveal mistakes, wrongdoing, or bad faith, on behalf the State Department, Visa Office, their contractors such as Quality Support, Inc. employees, and/or consular staff. If such mistakes are revealed, that could be valuable evidence in challenging your visa refusal through litigation.
2) Documents related to the refusal of a visa application could be useful for an applicant in the filing of a future visa application. For example, knowing precisely what information the applicant provided and what the State Department relied upon in denying the first application can help guide the applicant in both being consistent and truthful in future applications.
TWO DOWNSIDES TO FILING FOIA REQUEST:
First, it is a slow process. It almost always takes more than a year, and if you get impatient, the only recourse to speeding it up is litigation. Second, the State Department will typically withhold the majority of their records citing exemptions or exclusions to FOIA, 5 U.S.C. § 552.
If at a later date you decide to accelerate the production of the records, or you wish to challenge whether the State Department fully discharged its duties under FOIA (including whether exemptions for undisclosed documents were proper), litigation is an option. (Here's an example of a recent court decision on a FOIA request for visa records on a 212(A)(3)(b) refusal: Singh v. United States Dep’t of State)
If you have any questions about the preparation and submission of FOIA Requests to the State Department, contact Curtis directly:
This website is for informational purposes only. Using this site or communicating with Law Office of Curtis Morrison through this site does not form an attorney/client relationship. This site is legal advertising.
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