The Law Offices of Sabrina Li has been successful in assisting another client. We would like to share their case with you.
The client initially approached our office after receiving a Notice of Intent to Deny (NOID) for her change of status application from F1 to H4, due to her previous association with Findream.
Findream, its owner, and related corporations were found by USCIS to have committed visa fraud in assisting individuals in obtaining or maintaining OPT and H-1B visas without valid offers of employment. A prior affiliation with Findream could cause our client to be found to have made a material misrepresentation, which would make her inadmissible and ineligible for immigration benefits under INA § 212(a)(6)(C)(i) for making a material misrepresentation in her prior association with Findream.
While addressing the NOID, we recognized the importance of the client's change of status approval: her spouse's I-140 priority date is about to become current. If her change of status wasn't approved, the client wouldn't be able to adjust her status with her spouse, as she would lack the lawful status required to file her derivative I-485 application for adjustment.
Luckily, despite our client's lengthy association with Findream, our team managed to secure the H4 status for her. We presented arguments from various perspectives, with a particular emphasis on the significant role played by our client's serious medical condition in her defense. Following our successful outcome, the same client returned to us months later seeking our assistance in filing an application for adjustment of status based on her spouse’s previously approved I-140.
Our office was aware that we needed to approach with caution due to the client's prior association with Findream, as it could pose challenges to her adjustment of status application. We diligently filed our client's adjustment of status, referencing evidence previously submitted in her H-4 application, to demonstrate she had not made any material misrepresentation. Despite our meticulous filing, the USCIS issued two Requests for Evidence (RFEs) seeking further details about our client’s past association with Findream. To the client's dismay, following what appeared to be a cordial I-485 interview, the USCIS determined her inadmissible under INA § 212(a)(6)(C)(i).
We assessed the client's options in addressing the inadmissibility decision. We could present legal arguments to challenge the USCIS's finding. However, if her I-485 is ultimately denied, she would immediately fall out of status upon the I-485 denial. On the other hand, the client is an ideal candidate for the I-601 waiver application. After thoroughly discussing the advantages and disadvantages, the client decided to proceed with submitting a waiver application.
We then worked diligently to file an I-601 waiver on behalf of our client to address the grounds of inadmissibility. We highlighted her strong family connections to the United States, noting that her husband's adjustment of status application had been approved, and she had given birth to a child who is a U.S. citizen. We further emphasized that her family heavily depended on her and would experience extreme hardship if she were denied the opportunity to stay in the United States.
The client received great news in less than 60 days - her waiver request and application for adjustment of status were both approved. She was thrilled and couldn't contain her excitement. Being a lawful permanent resident (LPR) meant she could live in the United States with her spouse and child without fear of being deported. This was a significant milestone for her, and she was grateful for the opportunity to stay in the country she now called home.
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 firstname.lastname@example.org. We are committed to providing the assistance you need, so please don't hesitate to reach out.