Second I-485 Approved with Concurrent I-602 Submission Despite Fraudulent Documents in Previous Asylum Application
April 9, 2024

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The Law Offices of Sabrina Li is pleased to announce another client's successful case. We're excited to share the story with you and highlight how we were able to help.

Client’s Despair After Green Card Denial for Fraudulent Documents in Asylum Application

The client approached our office after his green card application was denied. Feeling despondent from a lengthy and complex immigration history since his 2005 arrival in the U.S., he faced a series of challenges. His initial asylum application was denied, and he was even issued a removal order. Fortunately, his wife's successful asylum claim allowed her to file Form I-730 on his behalf, which was subsequently approved. This approval enabled him to reopen and subsequently dismiss the removal proceedings. Elated, he filed Form I-485 a year after his I-730 was approved, believing he was on the verge of obtaining a green card. However, to his dismay, his Form I-485 was denied a year later. The denial cited inadmissibility due to submission of fraudulent documents as part of his asylum application. Specifically, the ICE Forensic Document Lab (ICE FDL) had identified several notarized documents—including birth certificates, a marriage certificate, and a household register booklet—as counterfeit. Plunged into despair, he turned to our office, encouraged by a friend's recommendation, to explore the possibility of obtaining a green card despite his declared inadmissibility.

Fraudulent Documents In Asylum Application

The submission of fraudulent documents in support of an application is a significant issue. This encompasses altered valid documents, fabricated documents, and valid documents that contain false information.

In asylum applications, fraudulent documents typically arise in two scenarios:

  • The presentation of a fraudulent document while applying for asylum.
  • The presentation of a fraudulent document to escape immediate danger or to gain entry into the United States.

Although using fraudulent documents to flee persecution is not generally considered a significant adverse factor, an adjudicator often has the discretion to grant a waiver without requiring the applicant to file an additional application. However, if an applicant presents fraudulent documents to substantiate a claim during asylum adjudication, it will have serious consequences and render the applicant inadmissible under INA212(a)(6)(C)(i). This inadmissibility can be waived for asylees and refugees seeking status adjustment pursuant to section 209(c) of the Act. Applicants may seek such a waiver by filing Form I-602, Application by Refugee for Waiver of Grounds of Excludability.

Securing an Asylee Waiver for Alleged Fraud

The Law Offices of Sabrina Li informed the client that asylees, like him, have access to special provisions allowing them to file a waiver of inadmissibility in such cases, even without the need for a qualifying relative. So, we immediately got to work on helping our client prove he deserved to have his inadmissibility waived and have his application for a green card granted. We demonstrated that the client had strong family ties to the United States, that his wife would suffer if his waiver was not granted, and that our client was otherwise deserving of a waiver grant since he had never been arrested and always paid his taxes on time. After thorough preparation, we concurrently filed a second I-485 application and an I-602 waiver application for the client.

The unwavering effort paid dividends when the client's applications were favorably adjudicated. Now, nearly two decades after his arrival, the client is a joyful and lawful permanent resident of the United States, with heartfelt thanks extended to our team for aiding in the fulfillment of his long-held American dream.

Asylee Waiver for Fraud: A Pathway to Lawful Residency

Inadmissibility may be waived for asylees seeking to adjust their status in the United States upon filing a Form I-602 and establishing the grant of a waiver is warranted for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest.

The Law Offices of Sabrina Li: Champions of Second Chances in Waiver Representation

At the Law Offices of Sabrina Li, we stand firm in the belief that everyone deserves a second chance, especially those who have faced legal challenges in the past. If you or someone you know is in need of dedicated legal guidance to navigate the complexities of immigration waivers, you can rely on our experienced team. Contact us today at (213) 375-8096 or reach out via email at We pledge to offer the support and advocacy necessary to advance your case. Remember, we are here for you, ready to help turn a new page.

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