The Law Offices of Sabrina Li has successfully restored a client’s confidence by successfully handling her fraud waiver and green card applications, which had previously been denied under another attorney. Despite a complex history, our team addressed all unresolved issues, building a much stronger application. We are thrilled to share how we helped make our client’s dream come true. Discover the difference expert legal guidance can make.
The client had an approved I-130 as the spouse of a United States citizen. She had filed an application for adjustment of status at the same time as her I-130; however, she was notified by USCIS that her adjustment of status could not be approved without a waiver because she was inadmissible for making several false statements on a prior tourist visa application. The client hired a different law firm that helped her apply for a waiver of the grounds of inadmissibility, but her waiver was denied. As a result, her adjustment of status was denied as well. Seeking help on what to do next, the client turned to the Law Offices of Sabrina Li for assistance.
The challenge in this case stemmed from our client's prior determination of inadmissibility by USCIS during the adjustment of status process. This was highlighted in a Request for Evidence (RFE) and subsequent denial under INA 212 for making a material misrepresentation. This particular ground of inadmissibility is notably difficult to overcome, as it does not expire over time and can permanently bar an individual from admission unless a waiver is granted.
In our commitment to thoroughness, our firm meticulously reviewed the client’s entire history to ensure all relevant aspects were addressed in our filing. Our investigation revealed that the client had not only been found inadmissible for making a material misrepresentation but had also faced two prior arrests in the United States. One of these arrests involved alleged prostitution. We had to be sure that the client’s prior arrests did not trigger any additional grounds of inadmissibility, which would further complicate the case.
Moreover, we needed to demonstrate that despite the client’s past immigration violations and criminal records, USCIS should still exercise discretion and issue a favorable decision for her application.
Our firm utilized our extensive experience to submit a fraud waiver application with the highest likelihood of success. We assisted the client and her family in crafting statements that emphasized the client's strong family ties, including evidence of her husband's serious health problems that required her assistance. We also demonstrated that our client's family heavily relied on her for financial support and showed that our client would be at risk in her home country.
We established that the client’s criminal history was relatively minor and did not trigger any additional grounds of inadmissibility. Furthermore, we emphasized that the criminal matters did not reflect who our client was as a person and instead submitted evidence that our client was a person of good moral character despite her mistakes.
The client was overjoyed when her fraud waiver and adjustment of status were approved. She is now a proud legal permanent resident and can stay in the United States with her husband and daughter.
When determining eligibility for a fraud waiver, USCIS thoroughly examines an applicant’s criminal history as part of their background check. Criminal convictions can complicate the fraud waiver application process and sometimes lead to denials.
The impact of past criminal convictions on an applicant’s eligibility for a fraud waiver depends on the nature and severity of the crimes. While not all criminal convictions automatically disqualify someone from obtaining a waiver, they can create significant challenges. Some individuals may still qualify for waivers despite past convictions, while those with aggravated felony convictions may face major obstacles. For certain criminal convictions, you might also need to request an INA §212(h) crime waiver.
Obtaining a fraud waiver can be complex, emphasizing the importance of seeking knowledgeable legal advice. Proper legal guidance is crucial for navigating this process and improving the chances of a successful outcome.
Sabrina Li, our founding attorney, is recognized by the State Bar of California as a specialist in immigration and nationality law. Under her guidance, our team of legal experts has extensive experience in handling cases involving allegations of immigration fraud, willful material misrepresentation, and past conviction records.
If you or someone you know is facing a similar situation and needs the expertise of skilled professionals, the Law Offices of Sabrina Li is the place to seek help. Reach out to us today at (213)375-8096 or send us an email at info@sabrinali.law. Please do not hesitate to contact us; we are here for you.
Our attorneys possess diverse immigration experience and have an in-depth understanding of the complex interplay between various immigration laws, policies, and regulations, ensuring accurate and comprehensive guidance. We offer a full range of immigration services, addressing all aspects of your case while identifying potential opportunities and challenges.
We provide a tailored approach to each client's case, ensuring that you receive individualized attention and a customized strategy for your unique situation. We adjust our strategy as your needs or circumstances change, guaranteeing a seamless transition between different phases of your immigration journey.
Our team is composed of immigrant and first-generation American professionals, along with individuals from various cultural backgrounds. Many of us have firsthand knowledge of the challenges faced during the immigration process. This allows us to provide guidance and advocacy rooted in authentic understanding.
