Our client in his late 20s, entered the United States on an F-1 student visa in 2017. After arriving, his path in the U.S. did not follow the traditional student trajectory—he did not continue his studies as originally intended and later filed for asylum. Years later, in 2023, he married a U.S. citizen in California and applied for a marriage-based green card. His I-130 petition was approved, and the case initially appeared straightforward.
However, during his adjustment of status interview, USCIS conducted a detailed review of his immigration history. Inconsistencies between his original student visa purpose, school attendance, and subsequent asylum application raised concerns. In September 2026, USCIS issued a Notice of Intent to Deny (NOID), alleging fraud or willful misrepresentation in connection with his F-1 visa.
At that point, the case shifted from routine to high-risk. Without a successful response, the client faced a permanent bar to admission and the potential loss of his ability to remain in the United States with his spouse.
USCIS determined that the client was inadmissible under INA §212(a)(6)(C)(i), concluding that he had obtained and used a student visa without a genuine intent to attend school, and that certain representations made during the visa process were not accurate.
Findings of this nature are among the most severe in immigration law. They trigger a lifetime bar, and many applicants are unaware that actions taken years earlier—such as failing to attend school or changing immigration pathways—can later be scrutinized during the green card process
Faced with these allegations, we acted quickly to reposition the case through a Form I-601 waiver.
This required more than addressing the surface-level issue. The case involved presenting the client’s immigration history in a way that could be fairly evaluated under the law, while ensuring that the full context of his situation was clearly understood.
We worked closely with the client to assemble a well-supported submission, focusing on his marriage, his day-to-day life, and the real impact that a denial would have on his U.S. citizen spouse. The case was structured to allow USCIS to evaluate all relevant factors together, rather than focusing solely on past issues.
The strategy was successful. USCIS approved the I-601 waiver in March 2026, eliminating the misrepresentation barrier. On the same date, the client’s Form I-485 adjustment of status application was approved, granting him lawful permanent resident status in the United States.
From the issuance of the NOID to final approval, the case progressed through a lengthy and complex adjudication process, ultimately overcoming what could have resulted in a permanent bar to admission.
This case highlights a critical reality: USCIS will closely examine an applicant’s entire immigration history during the green card process, including events that occurred many years earlier.
Issues such as failing to attend school after entering on an F-1 visa, changing immigration paths, or inconsistencies in prior applications can all trigger serious findings. However, even in high-risk situations, there may still be a viable path forward when the case is handled properly.
At the Law Offices of Sabrina Li, we focus on complex inadmissibility and waiver cases, including I-601 waivers for fraud and misrepresentation. These are not routine filings—they require experience, precision, and the ability to navigate high-stakes situations.
If you have received a NOID or are concerned about your prior visa or immigration history, it is critical to act quickly. Contact us at (213) 375-8096 or email info@sabrinali.law. Our team is ready to guide you through your options and help you protect your path to permanent residence.
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