The Law Offices of Sabrina Li successfully assisted a client who faced complications in adjusting her status due to entering the U.S. on an F-1 visa and failing to attend school. Despite these challenges and concerns about potential allegations of fraud or misrepresentation, we helped her navigate the process and secure her green card through marriage to a U.S. citizen. We would like to share her story with you.  

Marriage to a U.S. Citizen: The Initial Concern

The client came to our office after marrying a United States citizen. She wanted to obtain her green card through her marriage but was afraid because she entered the U.S. with an F-1 visa, but didn't attend the school she was supposed to, and filed an asylum application shortly after her last entry to the United States. She came to our office seeking guidance on her immigration journey.

Challenges of F-1 Visa Noncompliance

After arriving in the United States, our client couldn't afford to attend school as planned. Consequently, she did not report to the school listed on her I-20. For individuals who entered the U.S. on an F1 visa but did not enroll in school and instead applied for asylum immediately upon entry, this scenario often creates significant complications for their marriage-based immigration cases. USCIS officers frequently view such actions as an attempt to deceive the U.S. government regarding the true purpose of their admission to the United States. USCIS commonly alleges that these individuals falsely proclaimed an intent to be students. The failure to enroll allows immigration authorities to infer that there was never an intention to study, thereby suggesting deception about the purpose of their entry. Many individuals in similar situations have faced inadmissibility findings under section 212(a)(6)(C)(i) for fraud and misrepresentation. Such a finding of inadmissibility could have caused our client serious consequences, as well as adding expenses and additional backlogs in her case.  

Strategic Legal Representation for Success: Filing Our Client’s Application in the Best Light  

For clients who are inadmissible, we often consider simultaneously filing an I-601 waiver application to address inadmissibility with an I-485 application for adjustment of status as a potentially better solution. Upon carefully listening to our client's narrative and thoroughly examining the evidence presented, it became evident to us that our client had a compelling argument for her innocence. Originally, she had every intention of attending school, but unforeseen circumstances prevented her from doing so.

We assisted the client in the concurrent filing of an I-130, Petition for Alien Relative, and an I-485, application for adjustment of status. In her application, we were transparent about our client’s failure to attend school; however, we explained that our client had sincerely wanted to attend the school but her father had a change of heart, indicating that he would not have paid for her schooling until after she was already in the United States. We also established that she tried to find alternative schools that were more affordable but was unable to do so.  

Our team and the client were delighted that her adjustment of status application was approved without a finding of inadmissibility and even without the need for attending an interview at USCIS.

Implications of Inconsistent Conduct with Nonimmigrant Status and Prior Visa Interview Representations

Engaging in behavior after entering the United States that contradicts your nonimmigrant status or prior representations during a visa interview can lead to a legitimate accusation of inadmissibility due to fraud or willful misrepresentation. This is especially true if this behavior occurs shortly after the visa interview or entry. Such a finding can negatively impact your adjustment of status application, resulting in the denial of your case. However, each case is evaluated individually, and the USCIS officer must determine whether there is enough evidence to meet the legal standard before adjudicating your case.  

Expert Immigration Representation by The Law Offices of Sabrina Li

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.