Visa and Asylum Misrepresentations, I-601 Waiver Granted!
August 30, 2023

Table of ContenTS

Discover the latest triumph of Sabrina Li's Law Offices! We're thrilled to showcase the inspiring story of our most recent client's success.

Our client came to us after he married his wife, a lawful permanent resident of the United States. The couple were anxious to help our client obtain his green card, so they hired our office.

Upon a thorough review of our client’s history, we discovered that our client provided false statements on his application for a visa to the United States. He also filed for asylum under a wrong category.

Our experienced and knowledgeable team immediately knew that these actions constituted a material misrepresentation to obtain an immigration benefit. This made our client inadmissible under INA 212(a)(6)(C)(i). The effect of a material misrepresentation in immigration can be significant and can potentially lead to the denial of a visa, deportation, or even a permanent ban from entering the country.

Our client was desperate to remain in the United States as his wife was pregnant with their first child. Thus, we knew it was of the utmost importance that our client remains in the United States with his wife and child.

We immediately got to work and concurrently filed a petition for alien relative (I-130) and adjustment of status(I-485) for our client as the spouse of a lawful permanent resident. We also filed a waiver of inadmissibility (I-601) for our client and established that our client’s wife had medical issues, psychological issues, and would have financial hardship if our client were not allowed to remain in the United States.

The client was thrilled when his waiver and petition were approved on the same day of his interview!

In adjudicating a waiver request, the USCIS officer must ensure that the applicant meets all of the statutory requirements for the waiver, including the extreme hardship showing. The officer must make extreme hardship determinations based on the factors, arguments, and evidence submitted. USCIS accepts any type of probative evidence, including, but not limited to:

  • Expert opinions;
  • Medical or mental health documentation and evaluations by licensed professionals;
  • Official documents, such as birth certificates, marriage certificates, adoption papers, paternity orders, orders of child support, and other court or official documents;
  • Photographs;
  • Evidence of employment or business ties, such as payroll records or tax statements;
  • Bank records and other financial records;
  • Membership records in community organizations, confirmation of volunteer activities, or records related to cultural affiliations;
  • Newspaper articles and reports;
  • Country reports from official and private organizations;
  • Personal oral testimony; and
  • Affidavits, statements, or letters from the applicant or any other person.

If you or someone you know faces a similar situation and requires the expertise of skilled professionals, look no further than the Law Offices of Sabrina Li. Call us today at (213) 375-8096 or email us at info@sabrinali.law. We are committed to providing the assistance you need, so please don't hesitate to reach out. We're here for you.

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Our attorneys possess diverse immigration experience and have an in-depth understanding of the complex interplay between various immigration laws, policies, and regulations, ensuring accurate and comprehensive guidance. We offer a full range of immigration services, addressing all aspects of your case while identifying potential opportunities and challenges.

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We provide a tailored approach to each client's case, ensuring that you receive individualized attention and a customized strategy for your unique situation. We adjust our strategy as your needs or circumstances change, guaranteeing a seamless transition between different phases of your immigration journey.

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Our team is composed of immigrant and first-generation American professionals, along with individuals from various cultural backgrounds. Many of us have firsthand knowledge of the challenges faced during the immigration process. This allows us to provide guidance and advocacy rooted in authentic understanding.