Green Card Granted Despite Misrepresenting Intentions on Tourist Visa Application
May 31, 2024

Table of ContenTS

The Law Offices of Sabrina Li have had another successful case and would be pleased to share the details with you.

Seemingly Simple Case Seeks Help

The client reached out to our office after marrying a United States citizen. She wanted to know if she qualified for a green card based on her marriage. After a thorough consultation and review of the client’s previous immigration applications, we discovered that the client had entered on a tourist visa but immediately applied for asylum because she had only used the tourist visa to flee her home country. This intent was documented in her previously filed asylum application. Upon learning this, our team realized that our client had committed a material misrepresentation when applying and entering the United States on a tourist visa, as she had no intent to depart the United States.

The Effects of Misrepresenting Intentions

This revelation created a new difficulty in the case. When a person makes a material misrepresentation to obtain an immigration benefit, which can include a visa or entry into the United States, the individual triggers a ground of inadmissibility found under INA 212(a)(6)(C)(i). This ground of inadmissibility is notably serious because it lasts for the individual’s lifetime. Thus, we knew the stakes were high.  

Experienced Strategy: Filing All Applications Concurrently

Our team's experience with these cases allowed us to address the lifetime inadmissibility by filing an I-601 waiver. To expedite the process, we filed the I-601 waiver along with the client’s other necessary applications for adjustment of status. We not only proved the client’s eligibility for a green card as a U.S citizen’s spouse, but also demonstrated that the waiver should be granted due to the client's strong ties to the United States, her essential role in managing her spouse’s medical conditions and finances, and the significant hardship she and her family would face in her country of origin.

The client was thrilled when her waiver and adjustment of status application were approved without having to attend an I-485 interview with USCIS. She is now a Lawful Permanent Resident (LPR) of the United States!

Misrepresentation in Visa Applications

Misrepresentation in visa applications refers to the act of providing false, incorrect, or misleading information intentionally during the visa application process.

The consequence of misrepresentation in visa applications can lead to a finding of inadmissibility under U.S. immigration laws. Specifically, if an applicant is found to have willfully misrepresented material facts to obtain a visa, admission into the United States, or any other immigration benefit, they may be permanently barred from entering the United States under INA §212(a)(6)(C)(i).

Fortunately, if you have been found inadmissible under INA §212(a)(6)(C)(i), you may be eligible for an I-601 waiver.To be eligible for an I-601 waiver of the material misrepresentation grounds of inadmissibility, and individual must:  

  • Be the spouse or child of a US citizen or LPR;
  • Establish that their spouse or parent would experience extreme hardship if they were denied admission.

The Law Offices of Sabrina Li: Effective and Efficient

Sabrina Li, our founding attorney, is certified by the State Bar of California as a specialist in immigration and nationality law. Alongside her excellent team of legal professionals, they possess extensive experience with immigration waivers, including the I-601 waiver.

If you or someone you know is facing a similar situation and requires the expertise of skilled professionals, look no further than the Law Offices of Sabrina Li. Contact us today at (213) 375-8096 or email us at We are fully committed to providing the assistance you need, so please don't hesitate to reach out. We're here for you.

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