I-290B Motion to Reopen GRANTED on a I-485 Denial (August 2018)

Success Story: I-290B Motion to Reopen Granted –Reversal of finding of Misrepresentation and Fraud- Client Received Green Card (August 2018) 

In early 2018, a client came to our office desperately seeking for professional help with the denial of her I-601 Waiver of Fraud and Misrepresentation and form I-485 Application to Adjust Status. This is her first attempt hiring an attorney to assist with her case.

 Client first traveled to the U.S. under a B1/B2 tourist visa. She regrettably followed a document preparer’s advice and stated that she was still married to her ex-husband on her tourist visa application, even though she was divorced many years prior.

On her second trip to the U.S., she met her current husband from a church which they eventually got married. She relied on the assistance of a document preparer and filed the I-130 Petition for Alien Relative and the I-485 Application for Adjustment of Status. The document preparer was not able to identify the misrepresentation issues on the client’s previous visa application. Consequently, during the adjustment of status interview, USCIS found that she was inadmissible to due fraud and misrepresentation on her visa application pertaining to her marital status. USCIS issued a Request for Evidence requiring client to obtain an I-601 Waiver application.

Client again relied on the assistance of the document preparer who submitted a deficient I-601 Waiver application without any credible evidence. Naturally, the I-601 application along with the I-485 was denied.

 Attorney Nguyen D. Luu, after reviewing client’s file carefully and discussed with client’s in length regarding her options regarding the I-601 Application and the I-290B Motion to Reopen, decided that an I-290B Motion to Reopen with the local USCIS is warranted.

 We submitted a detailed memorandum of law along with credible evidence to establish that client’s misrepresentation of her marital status was not material and the misrepresentation did not shut off a line of inquiry relevant to her eligibility. We cited appropriate authorities and established that the client had other ties to her home country that merited a favorable consideration, and the misrepresentation should have not been considered to be material. We even established that even if it was a material representation, client refuted the presumption that she was statutorily disqualified.

After a few months, our Motion to Reopen was approved and client is in the process of receiving her green card.

Update: Client received her green card in April 2019.

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