Inadmissibility for Fraud/Misrepresentation: I-485 Approval Achieved through Multiple I-601 Filings and an AAO Appeal
December 14, 2023

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The Law Offices of Sabrina Li is pleased to announce another successful case outcome. We are eager to share this case study with you.

Our client approached us after he had initiated an application for adjustment of status with USCIS. Unfortunately, they received a Notice of Intent to Deny (NOID), citing allegations of material misrepresentation concerning his prior employment history, education, and income as documented in the DS-160 form. Our client found himself in a complex legal dilemma despite acknowledging his mistake, which was made out of desperation to reunite with his family.

Determined to rectify the situation, we guided our client in responding to the NOID by submitting an I-601 waiver to address the misrepresentations linked to the nonimmigrant visa application. Although USCIS initially denied the waiver and the adjustment of the status application, we staunchly believed in the strength of our client's case. Our client's presence in the U.S. was crucial not just due to his spouse's dependence on him, but also because he had an obligation to take care of his U.S. citizen parents. Despite USCIS's unfair denial of the waiver, we immediately filed an appeal with AAO against the decision.

We understood that the appeals process could take a long time. Therefore, we helped our client to re-file for an adjustment of status along with a second I-601 waiver. We also included new and compelling evidence to strengthen the case. While the new applications were still pending, our client was able to apply for an employment authorization document to support his family.

It came as no surprise that our appeal was successful. The AAO agreed with our position, and the I-601 waiver was remanded for approval. Just a month later, our client's adjustment of status and the 2nd I-601 waiver were both approved on the same day! Our client now holds a ten-year permanent resident card.

If an individual is deemed inadmissible due to fraud or willful misrepresentation, they may still be eligible for a waiver. However, before evaluating the waiver, a USCIS officer must confirm the applicant's inadmissibility based on fraud or intentional misrepresentation. If the inadmissibility is confirmed, the applicant can meet the following criteria to successfully apply for an I-601 waiver.

1. The applicant must show that denial of admission to or removal from the United States would result in extreme hardship to his or her qualifying relative (or if the applicant is a VAWA self-petitioner, to himself or herself); and

2.  The applicant must show that a favorable exercise of discretion is warranted.

When applying for extreme hardship, it's important to keep in mind that it's not about one single, severe factor. All aspects of hardship should be considered as a whole, not separately. Even if there isn't one specific factor that represents extreme hardship, the USCIS officer will take into account all the factors together to determine whether the combined hardships exceed the normal distress caused by deportation or entry refusal.

The Law Offices of Sabrina Li has extensive experience handling I-601 waiver applications for fraud/misrepresentation. If you or someone you know is facing a similar situation and needs expert legal counsel, look no further. Reach out to the Law Offices of Sabrina Li at (213) 375-8096 or email us at We are committed to providing the support and assistance you need. Don't hesitate to contact us today.

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