Successful I-601 Waiver: Fraud/Misrepresentation Waived for F-1 Student Who Never Enrolled
August 30, 2023

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We would like to share another successful case of our firm with you today. We helped the client submitted a marriage-based green card application and an I-601 waiver application concurrently. During the green card interview, the client admitted he never intended to study; even though he entered the U.S. with a student visa and requested a waiver, he eventually obtained the green card.

The client entered the U.S. with a student visa but never went to school. Instead, he applied for political asylum shortly after entering the United States. While the political asylum case was pending, he met his U.S. citizen wife. His wife intended to petition for his green card. Therefore, the client contacted us and hoped that we could help him with the application.

After analyzing the client's situation, we believe that the client concealed his true purpose of coming to the U.S. during the F-1 visa application, which is considered immigration fraud. Without an approved I-601 waiver, the USCIS will deny his green card application under the INA 212 (a)(6)(C)(i).

After the client hired us, we first submitted the marriage green card applications for him. Soon we submitted an I-601 waiver application on behalf of the client. Two months after filing the I-601, the client received an interview notice, and the case was approved on the interview day.

The difficulty of the case is that the client and wife just got married; they are both young and have no children. Moreover, due to the COVID-19 pandemic in 2020, neither of them has a job. It was challenging to prove extreme financial hardship. Moreover, there is no appeal right for the I-485 application while the case is under USCIS's jurisdiction. Since the client had submitted an asylum application, if the marriage-based green card applications were denied, the case would not be referred to the immigration court. There would be no chance for the immigration judge to review the denial.

With the joint efforts of the client and us, we submitted a solid waiver application. During the marriage-based green card interview, the client honestly disclosed to the immigration officer his true intent when applying for his student visa and was eventually forgiven by the officer. His I-601 waiver and I-485 green card application were approved on the same day.

If you, or somebody you know, find yourselves in a similar situation, and you need immediate assistance, our offices are here to help.

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