Our client approached the Law Offices of Sabrina Li after receiving a Notice of Intent to Deny (NOID) on her marriage-based adjustment of status application. Although she had entered the United States lawfully on an F-1 visa, her interview testimony created significant concerns for USCIS. The NOID alleged that she was inadmissible for willful misrepresentation—a finding that, if unaddressed, would have led to the denial of her I-485. Facing a tight deadline and the possibility of long-term immigration consequences, she sought experienced guidance to move her case forward.
Our client originally entered the U.S. with a valid F-1 student visa to continue her English studies. She complied with all student requirements and pursued her academic program in good faith. A few months later, our client and her husband filed both the I-130 Petition for Alien Relative, which was approved and the I-485 application for adjustment of status.
During her I-485 interview, however, she told the officer that at the time of that entry, she planned “to be here for good” because she was already married. USCIS concluded that this statement conflicted with the temporary intent required of an F-1 student and suggested that she had sought admission by misrepresenting her true purpose. As a result, the officer found her inadmissible under INA §212(a)(6)(C)(i) for willful misrepresentation and advised that she would need to file a Form I-601 waiver with evidence of extreme hardship to her U.S. citizen spouse. With only 30 days to respond, the stakes were high.
The NOID left the client frightened and uncertain about her future. She sought our help to correct the record and protect her case.
Although the client technically could have submitted a rebuttal to challenge USCIS’s misrepresentation finding, the statements she made during the interview were problematic and created a substantial risk that a rebuttal alone would not be accepted. Under the current administration’s policies, if the rebuttal failed, the case could be denied and potentially issued an NTA. For these reasons, we concluded that filing a waiver was the safer and more reliable path. The client still provided an explanation in response to the I-485 NOID, but the waiver ensured a secure legal foundation for approval even if USCIS maintained its original finding.
We filed the Form I-601 on October 21, 2025. Just eight days later, USCIS approved the waiver—an unusually fast turnaround compared to typical processing times. The next day, USCIS approved her I-485 application, granting her conditional permanent resident status. This swift and positive outcome demonstrated the effectiveness of a carefully prepared response, even in cases involving a misrepresentation finding.
This case shows that even when USCIS issues a NOID based on alleged willful misrepresentation, a strategic and well-supported response can still lead to approval. Our client, who was facing a serious allegation and an approaching deadline, is now able to continue her life in the United States with lawful status and peace of mind.
If you or someone you know has received a NOID or is dealing with a complex adjustment or inadmissibility issue, contact the Law Offices of Sabrina Li at (213) 375-8096 or email info@sabrinali.law. Our experienced team is here to protect your rights and guide you through every step of the process.
Our attorneys possess diverse immigration experience and have an in-depth understanding of the complex interplay between various immigration laws, policies, and regulations, ensuring accurate and comprehensive guidance. We offer a full range of immigration services, addressing all aspects of your case while identifying potential opportunities and challenges.
We provide a tailored approach to each client's case, ensuring that you receive individualized attention and a customized strategy for your unique situation. We adjust our strategy as your needs or circumstances change, guaranteeing a seamless transition between different phases of your immigration journey.
Our team is composed of immigrant and first-generation American professionals, along with individuals from various cultural backgrounds. Many of us have firsthand knowledge of the challenges faced during the immigration process. This allows us to provide guidance and advocacy rooted in authentic understanding.
