By the time this family reached our office, they had already heard the word every immigrant dreads: denied. The wife of a U.S. citizen — with an approved Form I-130 immigrant petition — had been found inadmissible for misrepresentation, and an I-601 waiver filed on her behalf before she came to us had already been refused in 2020. Her green card application collapsed along with it.
For many families, a denied I-601 waiver feels like the end of the road. It is not. We took the case, refiled her green card application in 2023, and rebuilt the waiver from the foundation. The I-601 waiver was approved on April 30, 2026 — and her green card followed weeks later, with USCIS approving her Form I-485 on May 20, 2026 and welcoming her as a lawful permanent resident.
Our client had entered the United States on a B-1/B-2 visitor visa in 2014 and later married a United States citizen. Her husband filed Form I-130, which USCIS approved, and she applied for adjustment of status — the ordinary path to a marriage-based green card.
The obstacle came from years earlier. Her tourist visa application had misstated her marital status, presenting her as still married to a former spouse when that marriage had, in fact, already ended in divorce. When the records surfaced during the green card process, USCIS concluded that she had willfully misrepresented a material fact to obtain a visa. Under INA § 212(a)(6)(C)(i), that finding rendered her inadmissible — and on that basis, both her Form I-485 and her first Form I-601 waiver were denied.
Many people believe that once USCIS makes a fraud or misrepresentation finding, there is no way forward. In reality, even the most serious inadmissibility findings can often be overcome with the right legal strategy and a carefully built waiver.
Under INA § 212(a)(6)(C)(i), a person who procures or seeks to procure an immigration benefit through fraud or willful misrepresentation is inadmissible. That bar can permanently block adjustment of status unless USCIS grants a waiver under INA § 212(i), filed on Form I-601.
To qualify, the applicant must show that refusing admission would cause “extreme hardship” to a qualifying U.S. citizen or lawful permanent resident spouse or parent. Here, the qualifying relative was the client’s U.S. citizen husband. This is precisely where I-601 cases are won or lost — and precisely where the first waiver had fallen short.
We did not simply refile the same case. We rebuilt it.
Working closely with the family, we developed a thoroughly documented extreme-hardship record centered on the U.S. citizen husband — the emotional, medical, and practical toll he would face whether he remained in the United States without his wife or gave up the life he had built here to follow her abroad. Crucially, the circumstances had changed since the first filing: after years of fertility struggles and repeated pregnancy loss, the couple now had a U.S. citizen child. That reality transformed the hardship picture and made the consequences of separation concrete rather than speculative.
Every element was corroborated, carefully organized, and strategically presented — the kind of complete, evidence-driven showing the extreme-hardship standard actually demands. Where the prior filing had left gaps, ours closed them.
After reviewing the waiver and its supporting evidence, USCIS approved the Form I-601 on April 30, 2026. With the inadmissibility resolved, the marriage-based green card moved forward — and on May 20, 2026, USCIS approved her Form I-485 and issued the approval notice welcoming her as a lawful permanent resident of the United States. The family was able to remain together, here, for good.
What a first attempt could not achieve, the right strategy did. After years of uncertainty and fear, the family could finally move forward with stability and peace of mind — grateful for the guidance and advocacy our firm provided throughout the process.
Often, yes. A denial is not necessarily the end. Depending on the case, you may be able to file a motion or submit a new, stronger waiver. Many denials turn on an incomplete extreme-hardship showing that can be cured with a properly documented filing — as this case demonstrates.
Form I-601 is the Application for Waiver of Grounds of Inadmissibility. Under INA § 212(i), it can forgive a willful misrepresentation finding so an applicant can obtain a green card.
It is the legal standard the applicant must meet: proof that a qualifying U.S. citizen or lawful permanent resident spouse or parent would suffer hardship beyond the ordinary difficulty of separation if the waiver were denied.
A U.S. citizen or lawful permanent resident spouse or parent. A U.S. citizen child does not qualify on their own, although a child’s circumstances can strengthen the hardship a qualifying spouse or parent would face. In this case, the qualifying relative was the client’s U.S. citizen husband.
Many people whose waivers are denied assume their immigration case is over. This case proves otherwise. Through meticulous preparation, an individualized legal strategy, and a powerful second I-601 waiver submission, our firm overcame a prior denial and one of the most serious inadmissibility issues in immigration law — and kept this family together.
At the Law Offices of Sabrina Li, we represent clients nationwide in high-stakes immigration matters: I-601 and I-602 waivers, denied waivers and re-filings, INA § 212(a)(6)(C)(i) misrepresentation findings, marriage-based green card complications, adjustment of status denials and RFEs, consular processing issues, and other complex inadmissibility concerns. Immigration is federal law, so from our Los Angeles headquarters we guide families through these moments anywhere in the country — with precision, preparation, and relentless advocacy.
Every case is approached with detailed preparation, individualized legal strategy, and close attorney involvement from start to finish. If your waiver was denied, or you are facing an inadmissibility or waiver issue, contact our office for a confidential consultation.
Disclaimer: This case summary describes the outcome of an actual matter handled by the Law Offices of Sabrina Li. Certain identifying details have been modified or omitted to protect client confidentiality. Prior results do not guarantee future outcomes. Every immigration case depends on its own facts, evidence, and applicable law.
Phone: (213) 375-8096
Email: info@sabrinali.law
Hours: Mon-Fri, 9:00AM - 5:00PM PT (Except Public Holidays)
