Filing I-601 to Obtain Green Card: Overcoming NOID for False Information in I-765
August 30, 2023

We would like to share another successful case of our firm with you today. Our client received a Notice of Intent to Deny (NOID) on his I-485 application but finally obtained a green card with the approval of an I-601 waiver.

We filed a marriage-based green card application for the client. After his I-130 Petition was approved, we received a Notice of Intent to Deny (NOID) of the client's I-485 application. Now let's look at the reasons provided in the NOID letter.

The letter pointed out that the client and his ex-wife entered the United States with a B2 tourist visa. The ex-wife filed an asylum application and included the client in the application as her spouse. Later, the client was granted employment authorization based on this pending asylum application. After a couple years, the client divorced his ex-wife, the principal asylum applicant. However, when filing to renew his work authorization, the client indicated that he was still married in Form I-765, Application for Employment Authorization.

During the I-485 interview, the client responded that he did not know what was filled out on Form I-765 because his attorney had filled out the forms and did not review them. The officer showed that the client had signed this form, certifying under penalty of perjury that the information on the form "is true and correct." The letter stated that "if you use a preparer to help you fill out an application, you are still responsible for the information on that application." The client had divorced the principal applicant in 2016, but he continued to willfully utilize the benefit of employment authorization that was based on a pending application filed by a spouse to whom he was no longer married. Therefore, the client was inadmissible to the United States under INA 212(a)(6)(C)(i) for willful misrepresentation.

If there is immigration fraud or misrepresentation, any future immigration benefits will be denied unless a waiver is granted. The client was a dependent asylum applicant, but this relationship no longer exists after the divorce. If the waiver application is denied, the client will lose his legal status in the United States and be sent to immigration court for removal proceedings.

After analyzing the client's situation, we recommended that the client apply for a waiver based on the client's family situation. Finally, our team prepared and submitted sufficient and strong evidence to support this waiver application. In less than a month, the client's waiver and green card applications were approved at the same time, and the client soon received a permanent green card in the mail. If you had applied for asylum before or were a family member of an asylum applicant and plan to apply for a marriage-based green card, please be aware of all types of potential problems.

If you, or somebody you know, find yourselves in a similar situation, and you need immediate assistance, our offices are here to help.

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