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Chasing the California Bar
The United States Visa System Is a Scam and I Said What I Said

The United States Visa System Is a Scam and I Said What I Said

April 14, 20267 read|Adurakoya Dorcas A. Esq.

I am a lawyer. I choose my words carefully. So when I say the United States visa system is a scam, I mean it in the most precise, considered, legally informed sense of the word.

Here is what happened to me.

I applied for a US visa to travel to California to write the bar exam. I had a legitimate purpose. I had documentation. I had a registration confirmation from the State Bar of California. I paid the visa application fee, which is non-refundable regardless of outcome. I attended my interview, or tried to. And I was denied, not because of anything I did, but because of a travel ban that applies to my nationality.

They kept the fee.

Let me say that again. They kept the fee. I paid for the opportunity to be considered, and when the consideration went against me for reasons entirely outside my control, they kept the money and sent me home.

This is the part where someone will say: "That is just how it works." And I understand that. I understand that the non-refundable visa fee is policy, that it is disclosed in the application process, that applicants are technically informed. But understanding how something works does not make it right. And as a lawyer, I think it is worth asking whether it is legal, or at least whether it should be.

When a service provider collects a fee and fails to deliver the service, that is, in most jurisdictions, a breach of contract or unjust enrichment. The US government would argue that the fee is for processing, not for approval, and that processing occurred. But when the denial is based on a blanket policy rather than an individual assessment, when the outcome was predetermined before the interview began, the argument that a genuine service was rendered becomes very thin.

I am not the only person this has happened to. There are thousands of people across the world who have paid visa fees, been denied under blanket bans or arbitrary discretion, and received nothing back. No refund. No explanation beyond a form letter. No recourse.

If there is an international court or forum where this can be challenged, I want to know about it. Not because I expect to win. But because someone should say it out loud: this system is designed to extract money from people who have no power, and it hides behind the language of sovereignty to avoid accountability.

I said what I said.

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Adurakoya Dorcas A. Esq.

Nigerian attorney, legal ghostwriter, travel lawyer in progress.

11 Comments

OA
Oluwaseun AdebayoLagos, Nigeria

A lawyer writing about the legal framework of the visa fee scam. This is exactly the kind of analysis that needs to be published widely. Can I share this?

TB
Tunde BakareAbuja, Nigeria

The unjust enrichment argument is solid. When the denial is predetermined by policy and not by individual assessment, the processing fee argument falls apart. You should write this up as a proper legal opinion piece.

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Amina DialloBamako, Mali

I paid the US visa fee twice and was denied both times. Both times under the same blanket policy. Both times they kept the money. I have never seen anyone put into words what I felt. Thank you.

DK
Dr. Kofi MensahAccra, Ghana

The international legal community has been too quiet on this. The treatment of applicants from certain countries by the US consular system is a human rights issue dressed up as administrative procedure. I hope this piece reaches the right people.

IC
Ifeoma ChukwuAnambra, Nigeria

I said what I said too. And I will say it again. The US visa system extracts money from people with no power and calls it processing. You named it correctly.

HY
Hiroshi YamamotoOsaka, Japan

The distinction you draw between a processing fee and a tax on hope is one of the clearest framings I have read on this issue. Sharing this with my international law students.

NO
Nadia OseiKumasi, Ghana

The audacity of keeping the fee when the denial is based on a travel ban and not on anything the applicant did. It is not just unfair. It is predatory.

CE
Chukwuemeka EzeEnugu, Nigeria

You said what thousands of us have been thinking. The difference is you said it as a lawyer with the language to back it up. This needs to be submitted to a legal journal.

ZM
Zanele MokoenaJohannesburg, South Africa

South African lawyers face the same thing. The visa fee is non-refundable, the denial is almost certain for certain nationalities, and nobody talks about it because we are supposed to be grateful for the opportunity to be considered. I am done being grateful for that.

AB
Aisha BelloKano, Nigeria

I have shared this post in four different WhatsApp groups. Every Nigerian lawyer who has ever applied for a US visa needs to read this.

KA
Kwame AsanteAccra, Ghana

The international court of justice angle is worth exploring seriously. There may not be a direct cause of action but the Inter-American Commission and other human rights bodies have taken up similar issues. Keep digging.

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