I-601 Fraud Waiver Approved for Same-Sex Couple (Findream Case)
August 30, 2023

Table of ContenTS

The Law Offices of Sabrina Li has once again achieved success in helping a valued client. We are excited to share the details of this case with you.

Our client came to our office after he had concurrently filed an I-130 and Adjustment of Status as the spouse of a United States citizen. Our client had filed the application himself, believing that it would be a simple process. Our client even attended an interview in connection with his pending applications. After the interview, USCIS issued a Request for Evidence (RFE) requesting evidence of his purported employment with Findream. The client responded to the RFE and was thereafter scheduled for a second interview with USCIS. However, after the second interview, USCIS issued a Notice of Intent to Deny (NOID) his adjustment of status application.

The difficulty of the case, and the reason for the NOID, was that our client had previously listed Findream as an employer and stated he had worked for Findream during his initial interview with USCIS. USCIS was charging him with being inadmissible due to making a material misrepresentation in regard to his employment with Findream.  

Our firm was knowledgeable regarding the Findream scheme in which USCIS found Findream, its owner, and related corporations to have committed visa fraud in assisting individuals to obtain or maintain OPT and H-1B status without valid offers of employment. Our experience allowed us to pinpoint our client’s eligibility for a waiver of his inadmissibility as the spouse of a United States citizen.  

We assisted the client in filing an I-601 waiver in response to the NOID. The clients were both young and in good health, so proving hardship in their case was not easy. However, our team did extensive research into the conditions for a same-sex couple in the client’s home country and helped the client uncover the specific hardship they would suffer. Our team also uncovered the hardship they could suffer financially and to their careers if the waiver were not approved by USCIS.  

Our diligent efforts were rewarded when our client’s waiver and green card applications were approved!

To be eligible for an I-601 waiver of the material misrepresentation grounds of inadmissibility, the 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.

If you or someone you know has encountered a similar issue and needs the assistance of qualified professionals, please do not hesitate to contact our office. We are here to help!

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