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Fiance Visa Denial Rates 2018

  • POSTED: October 29, 2018
  • CATEGORY:
  • POSTED BY: LawrenceGruner

The Milwaukee Journal Sentinel ran an interesting story recently titled “We fell in love before we met: Wisconsin Man sues over visa denial for his Chinese Fiance”.  The article is about an American man who is trying to compel the U.S.government to reactivate a fiance visa application after a fiance visa denial.

The article quoted Edward Fallone, a Marquette Law School professor who taught immigration law for years, saying that he’s not surprised at (the U.S. Citizen’s) predicament, given the current policies on immigration.

“Definitely, any opportunity for a discretionary denial, that’s going to be exercised against the immigrant and their admission,” Fallone said.

The article cited the Center for Immigration Studies stating that foreign national fiancée visas were approved about 99% of the time by consulates in 2015 but dropped to about 80% in 2016 and so far this year is running about 67%.

I would expect this number to continue to decline as we move forward and I would not be surprised , given the current political climate, that this number dips into the 50 percent range over the next year or two. (Update: according to a report the number has in fact dropped into the 50 percent range in late 2018)

The decline began before Trump took office, in part due to the mass shooting in San Bernardino, Calif., in December  2015. One of the shooters, Tasheen Malik, had entered the U.S. on a K-1 visa. She and her husband died in a shootout with police after the couple killed 14 people and wounded 22 others.

Anyone considering filing a fiance visa should read this article in order to get a feel for the fiance visa process and about the discretion immigration officers have in fiance visa cases.  You should, at a minimum, consult with an experienced immigration attorney, prior to filing any documentation with USCIS.

Lawrence Gruner is an immigration attorney with over 20 years of experience handling immigration cases.  He can be reached at 916-760-7270 or attorneygruner@gmail.com

Fiance Visa Denial Rates 2018
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