Adjustment of Status Granted Despite Misrepresentation in Tourist Visa Application
April 12, 2024

Table of ContenTS

The Law Offices of Sabrina Li celebrate another legal victory, navigating through complex immigration challenges to secure a client's adjustment of status. This success story, which we are eager to share with you, demonstrates our commitment to providing a path to lawful residency, even when faced with the hurdles of prior misrepresentations in visa applications.

New Beginnings Tainted by Prior Fraud

The client came to our office as she was about to marry her fiancé, a United States citizen, and wanted to know if she could obtain legal status through her marriage. However, during the consultation, the client admitted that she lied about her marital status and work history on her tourist visa application. So, the client wanted to know if it would still be possible to obtain legal status through her spouse.

Understand 212(a)(6)(C)(i) Material Misrepresentation / Fraud

INA 212(a)(6)(C)(i) refers to a section of the Immigration and Nationality Act that addresses inadmissibility due to fraud or willful misrepresentation of a material fact. Individuals found to have used fraud or willful misrepresentation to obtain an immigration benefit are deemed inadmissible to the United States. This inadmissibility is particularly severe as it attaches to an individual for life, and the passage of time does not remove the ground of inadmissibility for fraud or willful misrepresentation.

Many individuals encounter issues when using the services of visa agents or intermediaries to obtain a U.S. visa. In attempts to increase the chances of visa approval, these agents may encourage clients to provide false information, such as falsely claiming to be married, misrepresenting employment status, or providing forged documents like marriage certificates, employment verification letters, and diplomas. Often, clients do not understand the grave implications these misrepresentations can have on their future immigration opportunities.

When false representation is made by an applicant's attorney or agent, the applicant is held responsible if it is determined that they were aware of the actions taken on their behalf. Moreover, an individual cannot disclaim responsibility for any misrepresentation made on the advice of another, unless it is established that the individual lacked the capacity to exercise judgment. So, it was imperative that our firm help the client overcome the inadmissibility so that she could obtain lawful permanent residency in the United States.  

Competent Legal Strategy: Filing an I-601 Waiver Application

Our firm had extensive experience in dealing with such situations, therefore, we knew that the only way to overcome the inadmissibility was to file a waiver. We assisted the client in drafting a waiver that emphasized her strong family ties, the perilous situation in her home country, and the extreme hardship her husband would face without her support and assistance in the United States, highlighting his medical conditions and financial situation.

The client was pleased to receive approval for her green card application without the need for an interview with USCIS, just two months after submitting the application!

Waivers for Fraud or Misrepresentation under U.S. Immigration Law

Congress acknowledges the harsh consequences of being found inadmissible due to fraud or the willful misrepresentation of material facts. To mitigate this, narrowly defined exceptions have been legislated under section 212(a)(6)(C)(i) of the Immigration and Nationality Act. These waivers are limited and specifically delineated within two sections: section 212(i), applicable to immigrant visa applications, and section 212(d)(3), pertinent to nonimmigrant visa applications.

The waiver under section 212(i) for inadmissibility stemming from fraud or willful misrepresentation can be granted when the applicant can demonstrate that their removal or visa denial would cause "extreme hardship" to a spouse or parent who is a U.S. citizen or a lawful permanent resident. It should be noted that hardships faced by the children of the person deemed inadmissible do not alone qualify for this waiver.  That said, the children's hardship can be relevant if it significantly impacts the well-being of the U.S. citizen or lawful permanent resident who is the spouse or parent.

The Law Offices of Sabrina Li: Waiver Experts

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 We are committed to providing the assistance you need, so please don't hesitate to reach out. We're here for you.

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