Overturned Finding of Material Misrepresentation Due to Prior Work with Findream!
January 26, 2024

Table of ContenTS

The Law Offices of Sabrina Li has successfully assisted a client in overturning a finding under INA 212(a)(6)(C)(i) for Material Misrepresentation/Fraud. We would like to share his case with you.

Our client came to us after receiving a Request for Evidence (RFE) in their H-1B extension. The client’s employer had used a large firm specializing in employment-based immigration to file the original H-1B extension. The RFE alleged our client had willfully misrepresented a material fact to obtain an immigration benefit by listing Findream as an employer in connection with prior immigration applications.

The client knew it was crucial to hire his own attorney when the RFE (Request for Evidence) was issued. He had already applied for adjustment of status, and his spouse who was in H4 status had filed an I-485 with him. If his H1b status was denied, his spouse would immediately be out of status, and his family would have no other means to remain in the U.S. where their home was. The client understood that if he was found inadmissible for making a material misrepresentation, he would not be eligible for adjustment of status as he did not have a qualifying relative necessary for a waiver of the ground of inadmissibility. Therefore, he sought help from Law Offices of Sabrina Li.

The client in this case encountered a difficult situation, having previously listed Findream as his employer on a DS-160 form while applying for a visa and I-20 documents for his Optional Practical Training (OPT) application. Upon investigation, the U.S. Citizenship and Immigration Services (USCIS) determined that Findream was implicated in visa fraud, assisting noncitizens in obtaining or maintaining OPT and H-1B visas through illegitimate job offers. Consequently, we recognize the challenging predicament our client faces.

Contrary to the allegations made by USCIS, our client was an unwitting victim of the Findream scheme. Not only did our client pay a fee to Findream, but he also completed work for them, unaware of any ulterior motives. We supported the client in collecting and examining evidence to confirm that he was unaware of Findream’s involvement in visa fraud and had genuinely believed the employment offer from Findream to be authentic. Armed with our assistance and support, the client has submitted this evidence in response to his H-1B Request for Evidence (RFE).

While his extension request was pending, our client received an interview notice for his I-485 application. Pleased with our representation, he retained our services for the adjustment of status interview. We meticulously prepared him with mock questions, and Managing Attorney Sabrina Li personally accompanied him and his wife to the USCIS office on the interview date. During the interview, the USCIS officer suggested that the client could expect approval within 30 days. However, the approval was delayed, and the client waited several more months. During this time, we advised the client to diligently follow up with USCIS.

After enduring several months of extensive security checks, the client was overjoyed when his adjustment of status was approved without a finding of inadmissibility and without the need for a waiver. He and his wife are now Lawful Permanent Residents (LPR) of the United States.

To be inadmissible for making a material misrepresentation, an individual must:

  • Make a false representation;
  • The representation must be willfully and knowingly made;
  • The representation must be made to seek an immigration benefit;
  • The representation must be material to the immigration benefit; and
  • The representation must be made to an immigration official.

When accused of material misrepresentation, applicants have the option to contest these findings by arguing that the misrepresentation was not willfully made. To be considered willful, a statement must be made with both intent and awareness of its falsehood. The criterion is based on the individual's intent: Did the individual intentionally commit a misrepresentation?

At the Law Offices of Sabrina Li, we specialize in defending clients against charges of misrepresentation. Our approach involves a detailed analysis of your case, crafting a nuanced argument that highlights the absence of intent in the alleged misrepresentation. By employing a tailored strategy and thorough evidence gathering, we advocate on your behalf to challenge and overturn unfounded accusations. If you or someone you know is in need of expert legal guidance in such complex situations, contact the Law Offices of Sabrina Li at (213) 375-8096 or via email at info@sabrinali.law. Our commitment is to provide you with the support and representation you need. Don't hesitate to reach out—we're here to stand with you.

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