The Law Offices of Sabrina Li has been successful in assisting another client. We would like to share their case with you.

Our client initially entered the United States on a student visa and later applied for optional practical training (OPT). While on OPT, the client sought the services of a company called Findream. Eventually, our client secured a job at one of the top tech companies in the U.S. and was granted H-1B status.

Our client, who was returning on an H-1B visa, got questioned by Customs and Border Patrol (CBP) when she returned to the United States from a trip. They asked her about her employment with Findream. Our client panicked and lied by saying that she had been working with Findream and had been clocking in every day. However, CBP did not find her statements to be credible. They pointed out that Findream had produced fraudulent employment letters for F-1 students on OPT, STEM OPT, and CPT. As a result, CBP issued an expedited order of removal, and our client was not allowed to return to the United States. Our client had strong ties to the country and family in the US. Therefore, we knew it was crucial to assist her in lawfully returning to the United States.

The primary issue in the case revolved around Findream, its owner, and associated entities being determined by the United States Citizenship and Immigration Services (USCIS) to have engaged in visa fraud. This fraudulent activity involved aiding individuals in acquiring or retaining OPT and H-1B visas without legitimate employment offers.

Thus, we knew our client had two major problems and inadmissibilities to overcome before she would be allowed to return to the United States: her prior removal order and the fact that she had made a material misrepresentation regarding her prior work with Findream.

Our client, luckily, was the beneficiary of an approved fiancé petition; however, her fiancé visa was refused because she was found inadmissible to the United States. So, our tenacious team assisted her in filing not one, but two, waivers of inadmissibility. Our knowledge in the field, allowed us to recognize that the waivers could be filed at the same time. This allowed our client to save time and return to the United States sooner. We filed the waivers concurrently and showed USCIS that our client had strong ties to the United States and that her fiancé would suffer great emotional pain without our client in the United States.

The client was thrilled when both I-212 and I-601 waivers were approved at the same time! She no longer has any impediments to entering the United States on her valid fiancé petition.

Foreign nationals who have been ordered removed may not be readmitted to the United States until they have remained outside the country for a specified period of time:

• 5 years for individuals removed through summary exclusion or through removal proceedings initiated upon the person’s arrival into the U.S.
• 10 years for those otherwise ordered removed after a deportation hearing or who departed the U.S. while an order of removal was outstanding; and
• 20 years for a second or subsequent removal.

However, The I-212 waiver (under Section 212(a)(9)(C)(ii) of the Immigration and Nationality Act) allows foreign nationals to apply for early readmission into the U.S. after having been previously removed and before they have met their statutory period of stay outside the U.S.

To be eligible to reapply for admission to the United States after an order of removal, an individual must:

• Be an applicant for admission to the United States;
• Establish they merit a grant of discretion.

To be eligible for an I-601 waiver of the material misrepresentation grounds of inadmissibility, and individual must:  

• Be the spouse or child of a US citizen or LPR;
• Establish that their spouse or parent would experience extreme hardship if they were denied admission.

If you or someone you know faces a similar situation and requires the expertise of skilled professionals, look no further than the Law Offices of Sabrina Li. Call us today at (213) 375-8096 or email us at info@sabrinali.law. We are committed to providing the assistance you need, so please don't hesitate to reach out. We're here for you.