Green card approved without the need for a waiver despite history with Findream!

We would like to share another successful case by the Law Offices of Sabrina Li!

Our client had previously filed an adjustment of status application based on her approved I-140 when USCIS had issued a Request for Evidence (RFE) for the client’s case. Before the client even had a chance to respond, USCIS issued a second more detailed RFE.  
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The client then came to the Law Offices of Sabrina Li after she was issued the second RFE. She took the matter very seriously and was worried that USCIS had issued two RFEs. 

Upon reviewing the RFE, our offices noticed that the RFE requested more information about the client’s employment history, a tactic which our team knows means USCIS is investigating past employment fraud. In the RFE, USCIS alleged our client had been involved with Findream for 364 days during her OPT. However, when looking even further into the client’s employment history, we discovered that our client had only been involved with Fidream for fifteen days. 

Our firm had knowledge of the Findream scheme in which Findream and its members were found by USCIS to have committed visa fraud in assisting individuals to obtain OPT and H-1B visas or maintain OPT and H-1B visas, without valid offers of employment. Worried that our client could be found inadmissible under INA § 212(a)(6)(c)(i) for willfully misrepresenting her employment history, we knew we had to be very detailed in our response so that our client could maintain eligibility for her adjustment of status. 

Our team worked diligently and provided a response to the RFE indicating that our client was a mere victim of the Findream scheme and was not inadmissible. We also pointed out USCIS’s own error in the calculation of how much involvement our client had with Findream and argued that our client never exceeded her allotted unemployment time during her OPT. Our response was successful, and our client’s AOS was approved shortly thereafter without the need for a waiver. 

If you or someone you know has been previously associated with Findream, or is encountering a similar issued, our offices are here to help!  ​