Our client is the parent of a United States citizen and came to our office for assistance to file a family-based green card petition. Our office immediately got to work and promptly filed the client’s adjustment of status petition.

However, we received a Notice of Intent to Deny (NOID) the client’s adjustment of status application as USCIS had uncovered that the client had stated she was married in her tourist visa application despite being divorced at the time. USCIS claimed our client was inadmissible for making a material misrepresentation. We knew it was vital that we challenge the inadmissibility charge as our client had no qualifying relative and would be unable to obtain status otherwise.

Our diligent and experienced team immediately began working with the client on a response to the NOID. In our response, we established that our client hired an intermediary to draft her visa applications. We also pointed out that our client obtained her first visa while she was married, and renewed her visa twice through COVID protocols which waived her visa interview. We showed that while the intermediary made the error on the visa application itself, because our client was not interviewed, she was unable to correct the error at her interview.

Moreover, we argued that because our client had no knowledge of the incorrect information, she could not have made a misrepresentation that rendered her inadmissible. Finally, we pointed out that as she had been granted a visa before and had complied with its terms, she was likely going to be granted a visa again despite her marital status, thus making the error not material.

Our client was thrilled when USCIS found her admissible and approved her adjustment of status, granting her a ten-year green card!

For a person to be inadmissible for making a material misrepresentation, the officer must find all the following elements:

• The person procured, or sought to procure, a benefit under U.S. immigration laws;
• The person made a false representation;
• The false representation was willfully made;
• The false representation was material; and
• The false representation was made to a U.S. government official.

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.