The Law Offices of Sabrina Li successfully handled a challenging immigration case. A client's H-4 change of status petition was almost denied due to a Notice of Intent to Deny (NOID) alleging misrepresentation relating to her employment with Findream, a company involved in visa fraud. Our team's involvement and rebuttal of the claims led to the approval of her petition, underscoring the importance of skilled legal support in immigration disputes. We would like to share this story with you.
The client came to our office in 2022 because she had filed a change of status requesting H-4 status which had been pending for nearly three years. However, the client received a troubling Notice of Intent to Deny (“NOID”) her application. The NOID alleged that the client had failed to maintain her F-1 student status when she misrepresented her employment with Findream to avoid accumulating unemployment and maintain her OPT.
Findream, its owner, and related corporations were found by USCIS to have committed visa fraud in assisting individuals to obtain or maintain OPT and H-1B visas without valid offers of employment.
However, the most troubling issue was the allegation that our client had made a material misrepresentation to maintain her Optional Practical Training (OPT). A material misrepresentation in an immigration benefit application results in lifetime inadmissibility. Our client was preparing to file a green card application (Form I-485) as a derivative of her husband's application. If her change of status application is denied, she would not be eligible to adjust her status, as she would not be in lawful status at the time of filing her I-485 application. Therefore, it was of utmost importance to establish that our client had not engaged in such conduct. This was crucial not only to save her change of status petition but also to preserve her future immigration options.
Our team immediately got to work dismantling the allegations in the NOID. We established that our client had no knowledge of Findream’s scheme to sell fraudulent proof of employment and thought herself to be actually employed by the company. Moreover, we established that her employment in Findream was not critical in maintaining her F-1 status, thus, it was immaterial.
We also established our client was not required to establish admissibility to be granted a change of status as she was already admitted to the United States previously under a different nonimmigrant visa and was not requesting a new admission.
The client was shocked and ecstatic when her H-4 petition was finally approved after a nearly five-year fight!
The Student and Exchange Visitor Program (SEVP), a component of the Department of Homeland Security's (DHS) National Security Investigations Division, is responsible for the administrative oversight of international student visa programs, including the F-1 visa and its Optional Practical Training (OPT) component. SEVP utilizes the Student and Exchange Visitor Information System (SEVIS) to track and monitor the activities of students, schools, and employers.
DHS regularly conducts criminal investigations into fraud, which sometimes involve students who have reported problematic employers within the SEVP system. Some students knowingly participate in fraudulent "pay to stay" schemes, understanding the deceptive operations of certain companies and submitting false offer letters and employment verification documents to maintain their student status and remain in the U.S. Conversely, other students become unwitting victims of these crimes, lured by advertisements for non-existent job opportunities and requested to pay application fees, training fees, or other disguised charges to secure these offers. These students are defrauded, paying for phantom job opportunities that never come to fruition.
Regardless of the students' original intentions, many find themselves in complex legal predicaments. Some are denied entry at airports and issued expedited removal orders, while others face Requests for Evidence (RFE), Notices of Intent to Deny (NOID), or outright denials for subsequent immigration applications.
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 boasts extensive experience in handling cases with allegations of immigration fraud or willful, material misrepresentation. We have successfully assisted hundreds of clients involved in pay-to-stay schemes, including the client in this case.
If you or someone you know is confronting a similar predicament and needs the expertise of skilled professionals, the Law Offices of Sabrina Li is the place to turn. Reach out to us today at (213) 375-8096 or send us an email at info@sabrinali.law. We are fully dedicated to offering the support you require. 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.
