I-601 Waiver Approved to Overcome Inadmissibility Ground upon Previous Employment Fraud in Connection with FINDREAM

Law Offices of Sabrina Li successfully obtained USCIS approval for our client's I-601 waiver application after USCIS issued an RFE for his I-485 application.

The client and his U.S. citizen wife filed a marriage-based green card application. Their I-130 petition was approved shortly after the marriage interview, yet a Request for Evidence (RFE) was issued for the client's I-485 application. In the RFE, the officer alleged that our client was inadmissible and, therefore, not eligible for permanent residentstatus unless USCIS waives the ground of inadmissibility.

The RFE did not specify what action the client did that triggered the inadmissibility finding, but the client told us that he had listed FINDREAM, a well-known employment fraud scheme, as sponsoring employer for his OPT and subsequent STEM OPT employment nearly five years ago. The RFE asked the client to submit an I-601 waiver application establishing the extreme hardship his U.S. citizen spouse will suffer should he be removed from the U.S.

The client and his wife are a well-educated couple in their thirties. Our legal team reviewed each possible hardship claim with the client and his wife and learned during the process of document collection that they might not have as strong a claim to establishcertain types of hardship given the couple's young age and healthy financial condition.

While the waiver application requires the applicant to show extreme hardship, our legal team has experience in assisting clients in discovering useful information and exploring possible alternatives to support a weaker claim.

Our client made a mistake years ago that could have cost him his American dream. Yet with our help, his I-601 application, supported by evidence of hardship and carefully crafted arguments that he merits a favorable decision, was approved three months after the filing. With this successful grant of waiver, the client is again back on track to his permanent residency.

​If you and anyone you know encounter a similar issue and need professional assistance, please do not hesitate to contact us.