Immigration Law FAQs

A: Receiving a denial from a U.S. Consulate or USCIS is discouraging, but it is rarely the end of the road. In 2026, the strategy for overcoming a denial depends entirely on the specific legal ground cited in your refusal letter. Your options generally fall into three categories: Reapplying, Filing a Motion or Appeal, or Seeking a Waiver.

1. Understanding the Reason for Denial (The "Why")
Before taking action, you must identify the specific section of the Immigration and Nationality Act (INA) cited. Common 2026 denial grounds include:
Section 214(b) (Non-immigrant Intent): The most common refusal for tourist or student visas. The officer believes you do not have sufficiently strong ties to your home country (like Brazil) to guarantee your return.
Section 221(g) (Incomplete Application): This is often a "temporary" denial. It means your case requires further Administrative Processing or additional documentation.
Section 212(a) (Inadmissibility): This involves more serious issues such as prior overstays, criminal history, or the recently expanded 2026 health-related and public charge scrutiny.
2. Option A: Reapplying with New Evidence
For most consular denials (like B-1/B-2 or F-1 visas), there is no formal appeal process. Your best option is to reapply. However, simply filing the same application again will lead to the same result.
The 2026 Strategy: You must demonstrate a "significant change in circumstances" since your last interview. At our firm, we help clients build a more robust "evidentiary bridge" by documenting stable employment, property ownership in Brazil, or specialized business ties that were not clearly presented initially.
3. Option B: Filing a Motion to Reopen or Reconsider
If your denial came from USCIS (for example, an I-130 family petition or an L-1 business visa), you may be able to file Form I-290B.
Motion to Reopen: Used when you have new facts or evidence that was not available at the time of the original filing.
Motion to Reconsider: Used when we can demonstrate that the officer misapplied the law or USCIS policy as it stands in 2026.
Note: In 2026, deadlines for these motions are strict (often 30 days), so immediate action is required.
4. Option C: Applying for a Waiver (The I-601 or I-212)
If you were denied due to "inadmissibility" (such as a previous misrepresentation or an old criminal record), you may need a Waiver.
Extreme Hardship: Many waivers require proving that your U.S. citizen or LPR relative would suffer "extreme hardship" if you are not admitted.
Expert Advocacy: Attorney Norka M. Schell has over 30 years of experience navigating the high-stakes "technical audit" required for successful waiver applications.

Why the Law Offices of Norka M. Schell LLC?
Immigration law in 2026 is less forgiving than ever. A single misstatement in a reapplication can lead to a permanent finding of material misrepresentation. We don't just "fill out forms"—we conduct a deep dive into your immigration history to reconcile the official record with your reality, ensuring your next attempt is built on a foundation of truth and technical precision.
Have you received a denial notice? Do not reapply blindly. Contact our Manhattan office at (212) 258-0713 to schedule a comprehensive case evaluation and develop a tailored strategy for your return to the United States.

Yes. Ways to Expedite Your Case

1. USCIS Expedite Request (Discretionary)
You can ask USCIS to process your application faster than usual. These requests are granted on a case-by-case basis and require strong supporting evidence.

Common Criteria:
Severe Financial Loss: To a person or a company (e.g., risk of a business failing or losing a job).
Emergencies and Humanitarian Reasons: Urgent medical treatment, death of a family member, or extreme living conditions.
Government Interests: Requests from a U.S. federal agency (like the DoD or DHS) due to public safety or national security.
Clear USCIS Error: When a mistake by the agency has caused an urgent need for correction

How to Apply: Generally, you must call the USCIS Contact Center (1-800-375-5283) or use the "Ask Emma" chat tool after you have received your receipt notice.

2. Premium Processing Service (Fee-Based)

For certain employment-based forms (like Form I-129 or I-140), you can pay an additional fee to guarantee a decision or action within 15 to 45 calendar days (depending on the form type).

Pros: It is a guaranteed timeline.
Cons: It is expensive and only available for specific visa categories.

Requesting Emergency Relief
1. Emergency Travel Documents
If you have a pending Form I-131 (Advance Parole) but need to travel in less than 15 days for an emergency (like a funeral or urgent surgery):

Process: You can request an "Emergency Advance Parole" appointment at your local USCIS field office.

Requirement: You must bring a completed I-131, the filing fee, two passport photos, and proof of the emergency.

2. Humanitarian Parole
This is for individuals outside the U.S. who need to enter temporarily for an urgent humanitarian reason but do not have a visa. This is an extraordinary measure and is not a shortcut for regular visa processing.

3. "Compelling Circumstances" Work Authorization
In rare cases, nonimmigrants (like those on H-1B or L-1 visas) who are facing a job loss and have an approved immigrant petition can apply for a specialized EAD if they can prove "compelling circumstances" (e.g., serious illness or significant disruption to their life).

Alternative Solutions for Delays

If your case is simply stuck and beyond "normal processing times," you have other options:
Congressional Inquiry: Contact your local U.S. Senator or Representative. Their office has a "constituent services" team that can check on your case.

A: Yes. In 2026, the U.S. immigration landscape has shifted from a "filing-based" system to an "enforcement-based" system. Simply receiving your visa or Green Card is no longer the final step; maintaining it requires strict adherence to evolving federal regulations. At the Law Offices of Norka M. Schell LLC, we provide comprehensive "Status Audits" and ongoing compliance counsel to ensure your stay in the U.S. remains secure.

1. Proactive Compliance for Non-Immigrant Visas (H-1B, L-1, E-2, F-1)
For those on temporary visas, "status" is fragile. In 2026, USCIS and the Department of Labor have increased site visits and digital tracking. We provide guidance on:

The "Public Profile" Audit: Per the late 2025/2026 updates, consular officers now vet social media presence for consistency with visa applications. We help you ensure your online professional and personal footprint aligns with your stated visa conditions.

Material Changes: If your job title, salary, or work location changes, we manage the necessary Amended Petitions to prevent a status violation.

Incident Reporting: We assist in the mandatory reporting of address changes (Form AR-11) and employer updates, which are heavily scrutinized in 2026.

2. Safeguarding Your Lawful Permanent Residence (Green Card)
Many residents mistakenly believe a Green Card is permanent regardless of their actions. In 2026, we focus on preventing "Abandonment of Residence" for our international clients:

The 6-Month Rule: We advise clients with interests in Brazil or other home countries on how to manage extended travel. In 2026, trips exceeding six months trigger intense scrutiny at Ports of Entry.


Re-entry Permits: For clients who must be abroad for up to two years, we facilitate the Form I-131 Re-entry Permit before you depart the U.S., protecting your path to Naturalization.

Tax Compliance: We coordinate with your tax professionals to ensure you are filing as a U.S. Resident, a key indicator of your intent to maintain status.

3. Crisis Management: Restoring Status
If a violation has already occurred—such as an accidental overstay or unauthorized employment—we provide immediate intervention:

Nunc Pro Tunc Filings: We petition USCIS to grant retroactive extensions for "extraordinary circumstances."
Reinstatement: For students (F-1/M-1) who have fallen out of status, we manage the technical reinstatement process with their academic institutions and SEVIS.

The "Dual-Lens" Advantage: Because Attorney Norka M. Schell is dually licensed in New York and Brazil, we understand the specific pressures international clients face when balancing a life in two countries. We bridge the gap between your global lifestyle and the rigid requirements of U.S. federal law.

Don't leave your status to chance. Whether you are an entrepreneur managing an E-2 investment or a professional on an H-1B, our firm provides the technical advocacy required to stay compliant in 2026.

Contact the Law Offices of Norka M. Schell LLC at (212) 258-0713 to schedule a Status Compliance Review.