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What to do if your US visa gets rejected?

We just had a client to got Visa refused. But let me give you the back story, He had been waiting for his H1B visa. He was already approved for the application through the company with the company as a sponsor. And this situation is not a company in the it’s an employer of course, but it was a university here in America. So we sued the United States government, specifically the State Department. On this, because he was already approved and all they were waiting for was a visa issuance. He was approved for the H1B application last February, so exactly about a year ago. And then he had the interview shortly thereafter in China.

I mentioned China. You already know what’s going on, what I’m probably going to talk about, and it’s the stinking balloon all right, y’all got to know that course. We got to take care of our national security. But unfortunately, when there’s politics involved and it’s immigration, in some scenarios, people will be affected. It’s like collateral consequences. All right? Unfortunately, more people than my client could be affected. And we sued the government way before this whole balloon incident. Of course, U S government claims that there was a couple balloon incidents or something related to it during the Trump administration.

So they claim it happened recently, right? We don’t really know. The point is do not give up. Gather your friends, anyone you know, colleagues who are in a similar situation. Ok because we sue the government. About October. Yeah, about October. Ok It takes about average two months to get some kind of initial negotiation with the US Attorney’s Office for the local courts. Were you sued or were we sued? And that happened? There was a conversation. There was a couple conversation with the US attorney and about maybe a week before or less than that, the US attorney.

I can’t, of course share word for word, but. He basically alluded to and had us inferred that he also believed that the visa would be issued. He didn’t say those exact words, but he said a decision would be made just a couple days after that. You know, the balloon incident happened. Couple days after that, he got a client got an email saying with an attachment saying the reason why he was Visa refused.

So it’s a very frustrating thing that was not expected by anyone, including I believe the US attorney. He claims, of course after the fact. That he didn’t say that or for he didn’t mean to say it that way or whatnot. And that’s fine. You know, that’s understandable. I can’t put what, it doesn’t matter what the US attorney said. At the end of the day, politics got involved. All right. So I’m also sharing this because whether you’re red or blue, you’re Republican or Democrat, conservative or liberal.

You always have to be mindful of your own party, especially these days where you know you’re on social media. I’ve toned it down a lot on Facebook. I don’t comment there as much on a personal page just because it really goes nowhere. I believe it’s really better to find a silver lining. What’s what? Can we turn into a positive? Ok we have to find another solution. So if this client were to try to keep fighting the case on his own, it’d be very difficult to change the decision.

You know, my legal team and myself, I hire people that want to fight, Of course, legally speaking, to be an advocate for people in the Community, especially for immigration. There’s of course a lot of other things that we’re concerned about like people who’ve been abused, the victim of crimes, human trafficking. But specifically for immigration, this is for people who have been their case have been delayed. When the government claims to be pandemic, reason and lack of personnel, this has been an issue even before the pandemic. Of course, pandemic just made it like hundred times worse. That’s been very clear in the last couple years. But in this situation anyway, back to my Chinese national client, it will be a much stronger case if we’re able to certify the federal case as a class action.

So in case you know anyone who is in a possibly similar situation. As my client has been revised or refused, yeah, please share our information because y’all deserve legal status, you know, and in it why it’s difficult to fight this on their own, if you remember the, you know, the history books of a the Japanese internment camps. Of course Japanese Americans were forced into these camps and they have.

They had no choice. They couldn’t fight it. And even though a case went all the way to the Supreme Court, car Matsu versus United States, there was just no fighting chance. All the government said that hey if the reasoning is because of national security, US government’s good to go. You know you can’t fight it essentially so. Yeah, if you love history or you just remember that situation. And yeah, it’s just a very painful situation for folks who have suffered. Of course, there’s a whole slew of different scenarios, not just for Japanese but for other ethnicities that we had to fight the US government.

It’s ridiculous. I can’t understand why people at least initially appreciated Donald Trump or President Trump at the time when he was running for office. I’m not trying to say that I’m an advocate for him, but because people in general or I won’t say in general, but there’s a good amount of people right there just are cognizant that the US government is not always thinking in your best interest. They’re thinking of course in a quote unquote national interest or lobbyist corporations, all that. So you just have to be mindful of that. And that’s why my client was Visa refused if it had been a week before this freaking balloon incident.

Most likely he would have been issued the visa. So of course i can’t guarantee anything myself. I don’t work for the government. Pretty sure he would have been approved or visa issued if your case has been delayed and your client of ours from the get go from the start. We’re going to start contacting you about this, but also if you are tuned into the show and you filed the case yourself or you have a lawyer, don’t give yourself a hard time or don’t give your lawyer a hard time either.

Not every immigration lawyer is certified in certain district courts, federal courts, and you have to be a person. A lawyer has to be certified in that court to file a lawsuit or of course get what we call prohaviche, get to get sponsored in that court. But in general, not everyone knows about this option. There’s the last option called Mandamus lawsuit, for the most part, for most scenarios. So don’t give up. Ok, folks. All right, folks, thank you so much. It’s been a pleasure.

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