Prior EB1C Filings Lead to Misrepresentation, VAWA Adjustment of Status Approved after Filing I-601
January 26, 2024

Table of ContenTS

The Law Offices of Sabrina Li have successfully assisted another client, and we are delighted to share their case with you.

A Complex Immigration History

The client initially sought our assistance after being advised by an acquaintance that he was eligible for a green card through investment. The client allowed his acquaintance to handle his immigration application, but he was unaware of the details of the application filed on his behalf. It wasn't until later that he discovered that an EB1C petition had been filed for him by ABC Company.

Complications Arise: 1st USCIS Interview and Material Misrepresentation

Several years later, the client married a United States citizen and applied for a green card through his spouse. Shortly after submitting his green card application, the client underwent his first I-485 interview with a USCIS officer. During the interview, our client was questioned about the applications filed on his behalf by ABC Company. Under stress, he made a regrettable decision by confirming that he had worked there. Following the interview, the client was informed that a decision could not be reached, and his case was held for further review.

Facing Adversity: Domestic Abuse and Seeking Help

Left with immense worries, the client anxiously awaited a response from USCIS. Unfortunately, his problems compounded as his spouse became mentally and physically abusive during this period. Desperate for help to untangle his immigration history and find a way to obtain legal status while ensuring his safety from his spouse, he turned to The Law Offices of Sabrina Li.

VAWA (I-360) Approval and I-601 Waiver Submitted before 2nd I-485 Interview

We promptly filed an application for immigration benefits under the Violence Against Women Act (VAWA). Everything proceeded smoothly, and our client's I-360 was subsequently approved. He was then scheduled for an in-person interview regarding his pending I-485 petition.

Upon reviewing the client's USCIS file, both our team and the client discovered that the EB1C petition had been filed on his behalf without his permission, and it contained signatures that were not his. Despite the fact that the false information in the EB1C petition was not entirely his fault, he had chosen to lie during his previous I-485 interview.

Navigating Inadmissibility Due to Fraud/Material Misrepresentation: The I-601 Waiver

It became evident that our client was inadmissible due to a material misrepresentation in his quest to obtain an immigration benefit. Although the EB1C petition submitted by ABC Company contained information without our client's consent, we were aware that the signatures would be attributed to the client. Worst of all, he knowingly stated that he actually worked for ABC Company while he had not. As a result, we recommended that he file an I-601 waiver application. We submitted the I-601 waiver application just in time before his second I-485 interview, allowing the interviewing officer to review both his I-601 waiver and I-485 simultaneously.

Our strategy proved successful, and our client's I-601 waiver and adjustment of status were granted! He is now a lawful permanent resident (LPR) of the United States.

Eligibility for VAWA Benefits

Similar to other individuals applying for adjustment of status under INA §245(a), a Violence Against Women Act (VAWA) adjustment applicant must meet the admissibility requirements outlined in INA §212(a) or be eligible for and granted a waiver if available. However, it's important to note that VAWA adjustment applicants may benefit from special exceptions and additional provisions applicable to certain inadmissibility grounds.

For the fraud or material misrepresentation ground of inadmissibility at INA §212(a)(6)(C)(i), if the VAWA self-petitioner can demonstrate extreme hardship either to themselves or to their U.S. citizen, permanent resident, or "Qualified Alien" parent or child, they may qualify for a waiver. This differs from the requirements for other I-485 applicants, who must establish extreme hardship to their U.S. citizen or permanent resident spouse or parents. Essentially, this indicates that a qualifying relative is not required in the VAWA self-petitioner's I-601 waiver application if they are inadmissible under the grounds of fraud or material misrepresentation.

Seeking Professional Help

If you or someone you know is encountering a similar situation and needs the guidance of seasoned professionals, there's no better choice than turning to the Law Offices of Sabrina Li. Reach out to us today at (213) 375-8096 or send an email to We specialize in VAWA and immigration waivers, and we are dedicated to offering the support and expertise you require. Don't hesitate to get in touch; we're here for you.

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