Our client’s immigration journey spanned more than ten years and involved multiple stages, each adding complexity to his case. He first entered the United States in August 2014 on an F-1 student visa, but like many individuals navigating difficult circumstances, his path did not follow a traditional trajectory.
In 2015, he applied for asylum, and although he was later placed in removal proceedings, his case was ultimately dismissed in 2024, allowing him to remain in the United States and pursue lawful status through his marriage.
After marrying a U.S. citizen, his spouse filed an I-130 petition in May 2024, which was approved in August 2025. Shortly before that approval, he had already filed his I-485 adjustment of status application in October 2024, placing him on track for a green card—until everything changed after the interview.
Following his adjustment interview in June 2025, USCIS issued a Notice of Intent to Deny (NOID) in August 2025, alleging that he had committed willful misrepresentation when he originally obtained his F-1 visa. The government’s position was based on his admission that he did not attend the school listed on his F-1 visa. This triggered inadmissibility under INA §212(a)(6)(C)(i)—a serious finding that would permanently bar him from obtaining a green card unless properly waived.
At this stage, the case was not just delayed—it was at risk of complete denial. Without immediate and strategic action, the entire process, including years of residence and a valid marriage-based petition, could have been lost.
This was not a straightforward waiver case. Several factors made it particularly complex:
First, the misrepresentation issue dated back more than a decade, meaning the case required careful handling of long-standing immigration history and consistency across prior filings, including asylum records and prior testimony.
Second, the issue was raised only at the final stage of the process, after the green card interview, leaving a limited window to respond under a strict NOID deadline.
Finally, USCIS had already formed a negative conclusion based on sworn testimony, making it critical to respond in a way that was both legally precise and factually consistent without creating further complications.
With a strict deadline to respond, we approached the NOID with a focused and strategic plan. Rather than simply disputing the issue, we worked to present the case in a way that allowed USCIS to see the full picture—both legally and personally.
We addressed the government’s concern in a structured and thoughtful manner, ensuring that the explanation aligned with the existing record while placing the issue in the proper context. At the same time, we moved forward with a Form I-601 Waiver, recognizing that a strong discretionary case would be essential.
Our waiver presentation focused on clearly illustrating the real impact that a denial would have on the client’s U.S. citizen family. We highlighted the day-to-day realities of the household, the reliance on our client for support, and the broader consequences that separation would bring—not just emotionally, but medically and financially as well.
We also incorporated forward-looking considerations, helping USCIS understand what the future would realistically look like for the family if they were forced to live apart or relocate.
Through a carefully structured response and strong supporting documentation, USCIS approved the I-601 waiver, overcoming the misrepresentation finding. Following the waiver approval, the I-485 application was approved in February 2026, and our client successfully obtained lawful permanent resident status.
At the Law Offices of Sabrina Li, we have extensive experience handling complex waiver cases, particularly those involving fraud or misrepresentation under INA §212(a)(6)(C)(i). These are among the most difficult immigration issues, often leading to green card denial or permanent inadmissibility if not properly addressed.
Our team focuses on building strategically structured I-601 waiver applications that effectively present hardship, credibility, and discretionary factors in a clear and persuasive way. Whether you are responding to a Notice of Intent to Deny (NOID) or seeking to overcome a misrepresentation finding, we provide the legal expertise needed to navigate high-risk cases and move them toward approval.
If you or your loved one is facing a waiver issue or a potential denial, contact us today to discuss your options before it’s too late to respond. Call us at (213) 375-8096 or email us at info@sabrinali.law.
Phone: (213) 375-8096
Email: info@sabrinali.law
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