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ACBA
The state Bar of California
Asian American Bar Association
American Immigration Lawyers Association
ATLA
Expertise
Expertise 2021

Approval of 1-601 Waiver of Inadmissibility on Ground of Material Misrepresentation

This is a case regarding USCIS denying our client’s application to adjust her status from a non-immigrant tourist visa holder to a U.S. Legal Resident despite her marriage to a U.S. Citizen. The ground of denial is based on a misrepresentation of material facts on her non-immigrant visa application, which was completed in China. On the application, she stated that she was married, which was false. Based on this information, the U.S. Consulate granted her a tourist visa to the U.S.

We met with our client many times to prepare her waiver application.

Our office presented very detailed affidavits from many people, showing that our client had valid reasons to lie and escape China. Her husband, who was a U.S. Citizen, would suffer extreme emotional and financial hardships if he were to either live in the U.S. without her or if he were to move Chi na to be with her. Her parents, who were Lawful Permanent Residents, would experience extreme emotional hardship if their daughter were to be sent back to a country who had persecuted them.

Our office was able to show that our client deserves to stay in the U.S. She was a person of good moral character. In addition, she was a contributive member to her family and the U.S. society.

After reviewing the submitted evidence, USCIS agreed with our position and granted the waiver application a few days after it was submitted.

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