The Law Offices of Sabrina Li has achieved success in helping another client, and we are eager to share the details of their case with you.
Our client came to our office after filing an I-751 application to remove the conditions of their resident status. USCIS issued a Request for Evidence (RFE), asking our client to provide evidence of their OPT employment with Findream.
The issue with this case was that Findream, its owner, and related corporations were found by USCIS to have committed visa fraud by assisting individuals in obtaining or maintaining OPT and H-1B visas without valid offers of employment. As a result, in its RFE, we knew USCIS was seeking more information to determine whether our client had made a material misrepresentation in their prior immigration applications, which could jeopardize their status.
Conditional residents, like any other permanent resident, can be subject to grounds of rescission under INA § 246, deportability under INA § 237(a), or inadmissibility grounds under INA § 212(a). INA § 246(a) authorizes the government to rescind an erroneous grant of adjustment of status within five years of the grant. Since our client, a conditional resident at that time has been a resident for less than five years, USCIS can rescind the conditional resident status if it determines that the status was granted in error. Therefore, if the RFE was not handled properly, our client could potentially lose his resident status.
Our experience with victims of the Findream scheme allowed us to respond to USCIS appropriately. We helped our client establish that he had never worked from Findream and had only received an offer letter. We also assisted the client in establishing that he never meant to misrepresent any facts regarding Findream on any prior applications.
Our efforts were successful when just three months later, our client’s I-751 was granted, and he was given lawful permanent resident status.
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!