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)

During September 2019, a client was faced with a denial of her green card application and would have been subjected to removal proceedings. Client was married to a US Citizen and received a Request for Evidence pertaining to her I-485 Adjustment of Status application. USCIS claimed that client was inadmissible due to willful misrepresentation and fraud on her Non-Immigrant Visa application and would be required to submit her I-601 Waiver Request. Client was previously represented by another attorney. Client faced a time sensitive deadline and needed immediate relief to safeguard her immigration status in the United States and came to Luu Law. 

USCIS erroneously determined that the client’s US Address history was not consistent in the records submitted by her and her intended US destination on her Non-Immigrant Visa application was willfully inconsistent. Client was neither afforded an opportunity to address the alleged inconsistencies nor was this issue brought up during her interview. Our team took on representation to assist the client to overcome the misrepresentation allegations and successfully navigated the client to rebut the willful misrepresentation and fraud findings of USCIS. We contacted the Section Chief directly without filing Motion to Reopen I-290B form. The evidence presented sufficiently supported a finding that the client was not excludable on the true facts. Under the applicable law, using the FAM balancing test, client’s alleged misrepresentations alone, balanced against the additional facts in the case, deemed that even if there was a misrepresentation, it was not controlling to a final decision of her eligibility to receive a visa. 

December 2019: USCIS reversed its finding of inadmissibility, withdrew its request for I-601 Waiver and granted a favorable decision. Luu Law expects that the client’s green card will be processed expeditiously now that the inadmissibility issue has been rendered moot. 

Related Stories:

• Finding Your Way Out of FINDREAM and SINOCONTECH FRAUD Allegations
• I-290B Motion to Reopen GRANTED – Attorney Successfully Argued Client Was Not Inadmissible for Misrepresentation and Fraud
• I-601 Waiver Granted for Daughter of LPR Parents in Record Time (May 2020)