Successful Representation at I-485 Interview for Client Suspected of OPT Fraud
August 16, 2024

Table of ContenTS

Law Offices of Sabrina Li successfully assisted another client who was previously suspected of OPT fraud to obtain his permanent residency. By carefully preparing him and guiding him through every step, along with effective representation at his green card interview, we ensured his success. We would like to share his story with you.

Case Background

Our client, a highly skilled software engineer, completed his bachelor’s degree in 2016 and obtained an OPT (Optional Practical Training). During his OPT term, he secured an unpaid internship with Tellon Trading, a company that had been investigated by the Department of Homeland Security for OPT fraud. Near the end of his OPT term, he joined a major tech company, which sponsored him for the remaining OPT, STEM OPT, H-1B, and ultimately his employment-based green card.  

While awaiting his priority date to become current, our client traveled outside the U.S. on an H-1B visa. Unfortunately, during his last H-1B visa renewal, he faced an extended administrative processing period and was questioned by a CBP officer about his employment with Tellon Trading upon re-entry to the U.S. After the CBP encounter, our client received an update from USCIS informing him that his employer-sponsored I-485 has been scheduled for an interview. Sensing potential issues with his OPT employment, he sought professional assistance from the Law Offices of Sabrina Li based on the recommendation of a colleague who had faced similar immigration issues.

Legal Strategy  

Our team immediately began sorting out all relevant facts related to his OPT employment with Tellon Trading. Although our client had not received the interview date or been asked to respond to an RFE or NOID, he engaged our services for advanced preparation. This proactive approach guaranteed that he was well-prepared for any future scrutiny.

Months after retaining our services, our client received an interview notice for his I-485 application. Our attorneys meticulously prepared him for the interview, guiding him on how to respond accurately and confidently to all questions. On the day of the interview, our experienced attorney Evelyn Huang traveled to Texas to provide support and legal counsel throughout the process.

The I-485 Interview

During the interview, the officer’s questions focused heavily on our client’s OPT employment with Tellon Trading. Despite our client’s thorough preparation, the stress and anxiety of the situation made him vulnerable to misleading questions. Our attorney quickly recognized the officer’s tactic of using misleading questions to elicit damaging responses. By intervening appropriately, our attorney clarified the record and prevented any misstatements.  

Thanks to the diligent preparation and expert representation by our legal team, our client navigated the interview successfully. Within two weeks of the interview, his I-485 application was approved, granting him permanent residency.

Preparing for Your Adjustment of Status (I-485) Interview When Facing Alleged Immigration Fraud Accusations

All adjustment of status applicants must be interviewed by a USCIS officer unless the interview is waived. The decision to waive the interview is made on a case-by-case basis. The interview allows USCIS to verify crucial information about the applicant's eligibility for adjustment. Unless USCIS determines an interview is unnecessary, the case will be transferred to the field office with jurisdiction over the applicant’s residence once ready for an interview. Interviews are often required when there are fraud concerns, as recommended by the service center. Your performance at the adjustment of status interview can significantly impact the final outcome of your case.

Navigating an adjustment of status interview can be a daunting process, especially if you have a history of alleged immigration fraud. Here are some key points to consider:

  1. Documentation: Keep thorough records of your employment, including offer letters, correspondence, and any communications with your employer.
  1. Consistency: Ensure your statements to immigration officials are consistent with your documentation and previous records.
  1. Professional Advice: Seek legal advice at the earliest sign of any potential issues with your employment or visa status. Proactive legal guidance can prevent complications and help you prepare for any scrutiny from immigration authorities.

Need Help with Immigration Fraud Allegations?

By sharing this story, we hope to highlight the importance of professional legal guidance in overcoming immigration challenges. Our founding attorney, Sabrina Li, is certified by the State Bar of California as a legal specialist in immigration and nationality law. Under her leadership, our legal team is well-versed in handling complex immigration matters. If you or someone you know is facing similar issues, contact our office today at (213) 375-8096 or email info@sabrinali.law to ensure you have the best possible representation throughout your immigration journey.

Need Assistance?

Request A Consultation Today

Contact Us

Holistic Approach

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.

Personalized Attention

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.

Passion and Commitment

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.