The Law Offices of Sabrina Li has been successful in assisting another client. We would like to share their case with you.
Our client came to our office because they had previously filed an application for adjustment of status, and it had remained pending for five years. Our client asked our office to help them expedite the case and represent them at their adjustment of status interview when the time came. Shortly after being hired, our office was successful in having the case heard for an interview.
We attended the interview with the client where it was discovered that our client had entered on an F-1 visa to attend Likie Fashion and Technology College, a school which had been found to have been involved in a “pay-to-stay” fraud scheme. As part of the fraud scheme, the school would issue I-20s, transcripts, and other immigration documents to individuals so that they could obtain and maintain their F-1 visas when they had no intention of going to school.
We knew this meant our client was inadmissible under INA 212(a)(6)(C)(i) for making a material misrepresentation to obtain an immigration benefit. We immediately warned the client and began preparing to file an I-601 waiver of the inadmissibility ground.
However, USCIS unexpectedly sent a Notice of Intent to Deny (NOID) our client’s I-130 application. The NOID accused our client of entering into a marriage for the sole purpose of evading immigration laws and stated that the I-130 was barred under INA 204(c). Our office immediately responded and pointed out that the burden was on USCIS to establish our client had entered into a marriage solely for immigration purposes, and that they had failed to meet their burden. Our arguments were successful and USCIS approved our client’s I-130.
Then, just one day after our client’s I-130 was approved we received another NOID, this time for our client’s adjustment of status. The NOID gave us only a month to respond. However, we had diligently prepared for this outcome and were able to file an I-601 waiver in response, showing that our client had strong ties to the United States, including a successful business, and her husband would suffer mentally and emotionally without her presence in the United States.
Our client was thrilled when just a month after our NOID response, her adjustment of status was finally approved!
To be eligible for an I-601 waiver of the material misrepresentation grounds of inadmissibility, and individual must:
Law Offices of Sabrina Li is not only adept at handling marriage fraud defenses but also excels in managing all types of immigration waivers, especially for those found inadmissible due to fraud or material misrepresentation. For expert legal guidance in these complex situations, contact the Law Offices of Sabrina Li at (213) 375-8096 or email us at info@sabrinali.law to schedule a consultation. We are committed to providing the dedicated support and representation you need. Reach out to us—your fight is our fight.
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.
