The DOS takes advantage of the fact that it is nearly impossible to appeal or obtain court review of Consular Officer decisions to implement arbitrary and extra-legal restrictions on immigration from Vietnam.  While congress considers eliminating the Diversity Lottery (DV) system the Department of State continues to impose its own disguised quotas on immigration.  Over the past few years it has come to the attention of immigration law practitioners that obtaining approval for any type of visa from the Consulate in Ho Chi Minh City is darned near impossible.  We've experienced this first hand with our clients.

In a nonimmigrant visitor visa case an older couple with solid ties to Vietnam wanted to visit their daughter and new grandchild in the U.S.  This couple had previously held visitor visas as they had come to the U.S. for the same daughter's wedding.  They had done everything correctly including returning to Vietnam before their period of authorized stay had expired.  They still had deep financial and family ties to Vietnam with several children and numerous grandchildren living nearby.  Nonetheless the U.S. Consulate in Ho Chi Minh City denied the visa.  The reason given was § 214(b) of the immigration act.  That section states that an applicant for admission is presumed to be coming permanently to the U.S. unless they can prove otherwise.  This requires that the applicant prove a negative.  They must prove that they are not intending to remain in the U.S.  This is normally done by showing the Consular Officer strong enough ties to the home country and/or a history of immigration compliance such that it seems unlikely the person will chose to remain in the U.S.  Unfortunately this is entirely a judgment call by the consular official.  This attorney contacted the Consulate and asked why the visa had been denied.  I pointed out that the couple had deep ties to the community where they lived including real estate holdings, a small business, children and grandchildren.  Additionally, the couple had previously demonstrated that they will return to Vietnam when they had come for their daughter's wedding a few years earlier, we even offered to post a return bond.  The Consular Officer stated that the reason the case was denied was "changed circumstances" but would not state what those were.  Best we can tell the only change in circumstances from the first visit to the requested second visit was a change in Consular Officer.  There was no rational basis to deny the visa except the Consul has apparently decided to severely limit non-immigrant visits to the U.S. from Vietnam.

We understand that many U.S. citizen petitioners are having difficulty obtaining approval for spouse petitions.  The