During early 2018, a client came to our office seeking professional help with the denial of her I-601 Waiver of Fraud and Misrepresentation and form I-485 Application to Adjust Status. She was not previously represented by an attorney and this was her first attempt to obtain legal assistance for her case. 

Client first traveled to the U.S. pursuant to a B1/B2 tourist visa. She regrettably took advice from a document preparer and marked on the visa application form that she was still married to her ex-husband, even though she was divorced many years prior.

On her second trip to the U.S., she met her current husband at church, the church in 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 failed 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 the client to obtain a 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 to support her petition. Naturally, the I-601 application along with the I-485 was denied.

After a careful review of the client’s case matter at Luu Law, Attorney Nguyen D. Luu advised the client regarding her options for her I-601 Application and the I-290B Motion to Reopen. The facts of the case at hand warranted the immediate filing of the I-290B Motion to Reopen with the local USCIS. The case required a detailed and thorough memorandum of law submitted along with credible evidence to establish that the client’s misrepresentation of her marital status was not material and the misrepresentation did not terminate a line of inquiry relevant to her eligibility. We cited appropriate authority 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 further established that even if it was found to be a material representation, the client refuted the presumption that she was statutorily disqualified. After a few months, our Motion to Reopen approved and the client was in the process of receiving her green card. USCIS rendered a favorable decision based on the case matter submitted by Luu Law, PC. 

April 2019 Update: Client has received her green card and has closed this extraordinary difficult chapter of her life with the assistance of Attorney Nguyen Luu. Luu Law, PC. is pleased with results of the client’s case. 

Please see below for our other similar results:

• Motion to Reopen a Denial Decision GRANTED without filing I-290B form
• When Faced with a USCIS Denial Concerning an Alleged Misrepresentation or Fraud, We Aggressively Fight to Reverse the Finding without filing I-290B form (December 2019)