Adjustment of Status Approved: Overcoming NOID Due to F-1 School Non-Attendance
August 30, 2023

Table of ContenTS

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

Our client had filed her own I-485 Adjustment of Status application as the spouse of a lawful permanent resident (LPR). However, she came to our office because she was worried that USCIS had issued a Notice of Intent to Deny (NOID) her adjustment of status application because she had entered the United States with a student visa but had never presented herself for classes. Our client was also concerned as she had previously been arrested and convicted for battery.

The client was desperate to find a way to obtain legal status and remain in the country, as her husband and young child were both in the United States.

Our talented and experienced team immediately pointed out two issues:

  1. Our client had failed to maintain her legal status and could not adjust status as the spouse of an LPR, and
  2. The client had likely committed a material misrepresentation for which she would need a waiver. Luckily, our client’s spouse had since become a United States citizen.

To preserve our client’s interest, we withdrew her pending adjustment of status application and refiled as the spouse of a United States citizen. We filed a waiver of inadmissibility along with the adjustment of status petition. We assisted the client in establishing that she had strong ties to the United States and that her spouse would suffer extreme and unusual hardship if she were not allowed to remain in the United States. We also established that her prior criminal history did not give rise to any additional grounds of inadmissibility and should not affect her ability to adjust status.

Our efforts were successful and the client’s waiver and adjustment of status were approved without the need for an interview!

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.

When applying for a green card within the United States through an adjustment of status, you will need to disclose your criminal history on Form I-485: Application to Adjust Status.

It is important to note that not all convictions will have the same impact on your green card eligibility. Ensure that you submit precise and comprehensive details about your criminal background in your application. If you have any convictions on your record, consult with an immigration attorney for guidance on how to disclose them.

If you or someone you know has encountered a similar issue and needs the assistance of qualified professionals, please do not hesitate to contact our office. We are here to help!

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