At the Law Offices of Sabrina Li, we are proud to share another successful outcome. In this case, our client’s adjustment of status was placed in serious jeopardy after USCIS issued a Request for Evidence (RFE) alleging fraud and material misrepresentation — a finding that could have permanently barred her from obtaining lawful permanent residence.

When these allegations threatened to derail her entire green card process, our firm conducted a thorough legal analysis and took swift, strategic action. Through a carefully prepared waiver submission and compelling advocacy, we secured approval and helped our client achieve permanent resident status in the United States.

Adjustment of Status Placed at Risk by Unexpected USCIS Allegations

Our client was pursuing lawful permanent residence through her marriage to her lawful permanent resident husband when she received an unexpected RFE from USCIS in March 2025. In the RFE, USCIS determined that she was inadmissible under federal immigration law for fraud or willful misrepresentation based on prior Form I-129 filings submitted in 2018.

Specifically, USCIS concluded that in 2018 she had sought H-1B status through two Bay Area startup companies that filed petitions on her behalf. One petition was approved in July 2018, while the other was withdrawn in August 2018. Following a subsequent investigation, USCIS determined that the earlier H-1B filings involved material misrepresentation. As a result, she received a formal fraud finding and was deemed inadmissible. USCIS further notified her that she could not proceed with her adjustment of status unless she first obtained an approved I-601 waiver.

For many applicants, receiving an RFE involving a fraud determination—particularly years after the underlying petitions were filed—is both overwhelming and alarming. Without a carefully structured legal strategy, the consequences can be severe, including denial of the green card application and long-term immigration barriers.  

The Solution: The I-601 Waiver

USCIS specifically required our client to submit Form I-601, Application for Waiver of Grounds of Inadmissibility, in order for her adjustment of status case to move forward.

Our legal team immediately took action and worked closely with the client and her family to prepare the strongest possible I-601 waiver package. We carefully assembled extensive supporting documentation and a persuasive legal presentation demonstrating that denying her permanent residence would result in extreme hardship to her lawful permanent resident spouse and their young U.S. citizen child. We documented the spouse’s diagnosed anxiety and depression, ongoing physical health conditions, and his significant reliance on our client for emotional support, daily care, and household stability. We also highlighted the serious financial and parenting challenges he would face if forced to navigate life and raise their child alone.

Successful Outcome: Green Card Approved

Following submission of the I-601 waiver, USCIS reviewed the record and ultimately approved the application after only 6 months. The client’s adjustment of status application was approved, and she officially became a lawful permanent resident of the United States.

Her approval notice welcomed her as a new permanent resident, marking the successful resolution of an extremely stressful and legally complex waiver process.

Misrepresentation RFEs Can Be Overcome With the Right Legal Team

Allegations of fraud or misrepresentation can arise unexpectedly — particularly in the H-1B context, where the lottery system is highly competitive. In recent years, some companies have attempted to “increase the odds” of selection by submitting multiple registrations or petitions without a genuine intent to employ the beneficiary. While applicants may not always be fully aware of an employer’s practices at the time of filing, USCIS has intensified scrutiny of H-1B filings and continues to revisit prior petitions through post-adjudication investigations.

As this case demonstrates, even filings submitted years earlier can trigger serious inadmissibility findings with devastating immigration consequences. However, with experienced counsel and a carefully prepared waiver, even complex fraud-based determinations can be successfully overcome.

An I-601 waiver can provide a critical second chance—but only when built with the level of depth, precision, and advocacy that these cases demand.

The Law Offices of Sabrina Li: Proven Excellence in I-601 Waivers and RFEs

Attorney Sabrina Li is recognized by the State Bar of California as a certified specialist in immigration and nationality law. Under her leadership, our firm has earned a strong record of success in complex waiver cases involving: Adjustment of status RFEs, fraud-related inadmissibility findings, and extreme hardship waivers.

If you or a loved one has received a Request for Evidence or has been told that a waiver may be required, the Law Offices of Sabrina Li is ready to help you develop a winning immigration strategy and protect your future in the United States. You can reach our office at 213-375-8096 or by email at info@sabrinali.law —don’t hesitate to contact us today to schedule a consultation.