Tag Archives: 212(d)(3) waiver

Work Permit Fraud May Lead to Visa Revocation, Visa Denial and INA 212(a)(6)(C)(i) Inadmissibility

On June 26, Weiyun “Kelly” Huang, owner of the fictitious companies, Findream LLC and Sinocontech LLC, was sentenced to 37 months in federal prison for conspiracy to commit visa fraud. Her companies provided false employment verification records to foreign nationals seeking F-1 or H-1B visa status.

The U.S. Immigration & Customs Enforcement (ICE) played a key role in the investigation, which created ripple effects on persons who received F-1 or H-1B work authorization by presenting a job offer letter, payroll records or other employment verification documents from Findream or Sinocontech.

F-1 and H-1B Work Authorization Requires Legitimate Employment

An F-1 visa allows an international student to study in the United States at a university or other academic institution.  F students may engage in practical training during their academic program or after it ends. Curricular Practical Training (CPT) and Optional Practical Training (OPT) are the two types of training that provide work experience related to the field of study.

Eligible students may apply for up to 12 months of OPT employment authorization before completing their academic studies (pre-completion) and/or after completing their academic studies (post-completion). All periods of pre-completion OPT, however, are deducted from the available period of post-completion OPT.

The OPT employment can be part time (at least 20 hours per week on post-completion OPT) or full time; involve multiple short-term employers, contract work, self-employment, or agency work; and be paid or unpaid (as a volunteer or intern, as long as labor laws are not violated). The student must report all employment to their Designated School Official (DSO) to maintain status.

While a job offer is not required to apply for OPT, the student may not have a cumulative total of 90 days of unemployment during the 12-month OPT period. Otherwise, they fall out of status and begin to accrue unlawful presence.

Students may apply for an additional 24 months of OPT if they have a degree and are employed in a STEM (Science, Technology, Engineering or Mathematics) field. For the 24-month STEM OPT extension, the DSO requires the student to have an existing job offer from a U.S. employer and to submit a completed Form I-983 (training plan) that is signed by the student and employer.

Section 3 to Section 6 on the Form I-983 requests information on the company, the agreed-upon practical training schedule and compensation, and the formal training plan, respectively. Unlike regular OPT employment, STEM OPT employment must be paid.

An H-1B visa allows U.S.-based employers to temporarily employ foreign nationals in specialty occupations. Foreign nationals with H-1B status may stay in the U.S. for three years, with the possibility of extending their stay for a total of six years. H-1B status may be extended beyond the six-year limit in certain situations, such as when 365 days or more have passed since the filing of an application for labor certification or immigrant petition (Form I-140) for the beneficiary.

F-1 students with a timely filed H-1B petition and change of status request, and whose F-1 employment authorization will expire before the change of status to H-1B occurs (typically October 1), may be eligible for a cap-gap extension in the United States. In many cases, the OPT employment or STEM OPT employment is what allows the F-1 student to change to H-1B status without departing for visa processing at the U.S. Consulate.

ICE Investigations of Work Permit Fraud Schemes Continue

ICE’s crackdown on F-1 and H-1B visa fraud schemes spell trouble for international students and foreign national workers who use fake job offers to obtain F-1 OPT, F-1 STEM OPT, F-1 CPT, or H-1B status.

ICE may conduct on-site visits to confirm the visa holder is actually working for the employer and performing the appropriate duties. When little-known companies like Findream and Sinocontech show a high number of F-1 OPT and STEM OPT workers, this can prompt further investigation.

In March 2019, the United States filed a criminal complaint against the owner of Findream, with an affidavit from an FBI Special Agent stating it was a company on paper only, with no actual physical presence, and was created for the purpose of providing false verifications of employment to F-1 visa holders seeking to extend their stay in the U.S. via the OPT program.

The indictment stated that Huang advertised Findream as a “startup company in technology services and consulting,” with clients in China and the U.S.  She used a China-based website, “Chinese Looking for Job,” and a China-based WeChat platform, “Job Hunters of North America,” to advertise Findream and Sinocontech to F-1 visa holders in the U.S. seeking employment and H-1B visas.

The companies did not deliver any technology or consulting services, or employ any of the individuals who responded to the ads, the indictment stated. In exchange for a fee, Huang and the companies provided job offer letters and employment verification letters as proof of employment, the charges alleged. Falsified payroll records and tax forms were also said to be provided.

According to the indictment, the fraud scheme allowed at least 2,685 customers to list Findream or Sinocontech as their employer to extend their F-1 status. Subsequently, many F-1 and H-1B visa holders, particularly from China, had their visas revoked or denied or were refused entry to the United States (following travel abroad) because they had listed Findream or Sinocontech to receive work authorization.

These types of ICE investigations are ongoing. Recent reports indicate that F-1 students, most from India, have received notifications from U.S. Consulates that their visas have been revoked because they used job offer letters from Integra Technologies LLC and AZTech Technologies LLC to obtain OPT, STEM OPT and, in some cases, CPT work permits.

Through consultations with applicants, we have learned that F-1 and H-1B visa holders, most from India and China, are being refused admission at the U.S. port of entry if they previously held work authorization by association with suspicious companies, such as Integra Technologies, AZTech Technologies, and Tellon Trading, Inc. Expedited removal orders and lifetime inadmissibility charges of fraud or misrepresentation are being made by CBP for this reason.

Data from ICE shows that Integra Technologies, AZTech Technologies, and Tellon Trading were 2nd, 6th, and 10th respectively, on the list of Top 200 Employers for OPT and STEM OPT Students, which includes well-known companies like Amazon, Intel, Google, Microsoft, Deloitte, Facebook and Apple. (NOTE: At least two other companies, Wireclass and Aandwill LLC, have been linked with Integra and AzTech.)

Fraud or Willful Misrepresentation of Material Fact to Obtain U.S. Immigration Benefits is a Permanent Inadmissibility Ground

Federal agencies including ICE and USCIS have made it a priority to deter and detect immigration fraud and have increased site visits, interviews, and investigations of petitioners who use the F-1 OPT and H-1B visa programs. One reason is to protect the “many American workers who are as qualified, willing, and deserving to work in these fields have been ignored or unfairly disadvantaged,” according to the agencies.

Submitting a bogus job offer letter, employment verification letter, payroll records or other documents to maintain or obtain F-1 or H-1B status creates the risk of a visa revocation or visa refusal. It may also lead to the denial of admission and an expedited removal order at the U.S. port of entry.

Whether the F-1 or H-1B visa holder knowingly pays a company for false employment verification is sometimes unclear. The pattern involves the company initiating contact with the beneficiary and requesting payment of a “training fee” at the outset. The job offer or training program might seem real in the beginning. But at some point, it becomes obvious there is no real job.

Persons who claim to have a legitimate job offer to gain an F-1 extension or H-1B status — when there is actually no job — are subject to being found permanently inadmissible. When you present false employment verification records to show you performed job duties and got paid for such duties (in order to receive a visa or lawful status in the United States) you risk being charged with a lifetime inadmissibility ban under INA 212(a)(6)(C)(i)(fraud or willful misrepresentation of material facts to gain U.S. immigration benefits).

In unique situations, the person may challenge a section 212(a)(6)(C)(i) bar by filing a formal motion to reconsider with the appropriate agency, such as CBP or the U.S. Consulate. In most cases, the person will need a 212(d)(3) nonimmigrant waiver or Form I-601/INA 212(i) immigrant waiver.

The 212(d)(3) waiver has relatively flexible eligibility standards, which includes addressing the risk of harm to society if the person is admitted to the United States, the magnitude of the U.S. immigration violation that caused the inadmissibility, and the importance of seeking the visa. The Form I-601 waiver has stricter requirements because the person must have a qualifying relative (U.S. citizen or permanent resident spouse or parent) who will suffer extreme hardship if the person is not admitted to the United States.

If you are caught up in or benefited from an F-1 or H-1B visa fraud scheme, consult a qualified U.S. immigration attorney to discuss possible remedies. Ongoing and willful participation in the scheme might seem like a victimless offense, but it carries serious and permanent U.S. immigration consequences.

###

This article provides general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for any individual case or situation. Each legal case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.

SUBSCRIBE           CONTACT

U.S. Consulate Rescinds INA 212(a)(6)(C)(i) Charge and Grants B1/B2 Visa: A True Success Story

Within 3 months of receiving our Motion to Reconsider and Rescind Inadmissibility Finding Under INA 212(a)(6)(C)(i) with Request for B1/B2 Visitor Visa, the U.S. Consulate granted the visa to our client without requiring a 212(d)(3) waiver of inadmissibility. After he had been denied the visitor visa on three separate occasions over a 12-year period, the applicant sought our counsel to overcome the 212(a)(6)(C)(i) bar and get the visa.

The applicant’s visa problems began after he was denied re-entry by U.S. Customs as a visitor. At the time, he had been attending high school in the United States on a B1/B2 visitor visa. Unique circumstances led him to believe he did not need a student visa as long as he did not overstay his authorized visits.

In his last request for entry, he was specifically asked about the purpose of his visit. He admitted he had been attending high school in the United States and was seeking to complete his studies. The U.S. Customs informed him he needed a student visa and could not attend school during a B1/B2 visit. Although he was allowed to withdraw his application for admission, his visa was cancelled.

Three years later, the applicant sought a visitor visa for temporary recreational stays in the United States. The U.S. Embassy denied his first two requests under INA 214(b), i.e. failure to overcome the presumption of immigrant intent to be eligible for a visitor visa.

Ten years later, the applicant sought the visitor visa again. After placing the case in administrative processing, the U.S. Embassy issued a visa refusal notice under INA 212(a)(6)(C)(i)(fraud or willful misrepresentation of material fact to obtain a U.S. immigration benefit).

The factual basis for the section 212(a)(6)(C)(i) charge was not specified. But it was reasonable to assume it stemmed from his attending high school in the U.S. while in B1/B2 visitor status.

When a person engages in conduct that is inconsistent with the terms and conditions of his visa (especially within 90 days of his admission), the U.S. consular officer may presume he willfully misrepresented the true purpose of the visit. The applicant then has to rebut the presumption of misrepresentation.

In this case, the applicant violated the terms of his visitor visa by attending school. But, at the time, he was a minor (under age 18) and relied heavily on his parents to make decisions on his behalf.

The family had been in the United States on another type of visa that allowed school attendance and a longer stay. Based on discussions with the school district, the parents mistakenly assumed their son could continue his studies on a visitor visa, as long as he departed the United States every six months, before the expiration date of each authorized visit.

To deal with the INA 212(a)(6)(C)(i) finding, the applicant contacted me for a Skype consultation. I confirmed his ultimate objective was to receive a B1/B2 visa for business trips and recreational visits, including spending time with his U.S. citizen brother.

Prior to entering a representation agreement, we discussed whether to (a) request the U.S. Embassy vacate the INA 212(a)(6)(C)(i) finding or (b) apply for a 212(d)(3) waiver of inadmissibility. Given his young age at the time he attended school on the B1/B2 visa and the Record of Sworn Statement reflecting he declared this fact to U.S. Customs in his last request for entry, both options were viable. Ultimately, he chose option (a).

I advised the client on the information and documents to present to show he did not commit fraud or willfully misrepresent the purpose of his visit each time he was admitted to the United States on the B1/B2 visa, and then attended school. Furthermore, I counseled him on how to demonstrate strong ties to his residence abroad to overcome the presumption of immigrant intent under INA 214(b), which is necessary to qualify for the visitor visa itself.

In addition, I wrote a legal memorandum explaining the factual grounds and legal basis for the Motion to Reconsider and Rescind Inadmissibility Finding Under INA 212(a)(6)(C)(i) with Request for B1/B2 Visitor Visa. I also prepared the client for what to expect at the visa interview and how to best present his case.

At the B1/B2 visa interview, the U.S. Consulate accepted the legal memorandum and the written testimonies of the applicant and his U.S. citizen brother in support of the Motion to Reconsider. The U.S. consular officer noted the case was complicated and had to be placed in administrative processing.

Three months later, the U.S. Consulate issued the B1/B2 visitor visa and made it valid for 10 years. The section 212(a)(6)(C)(i) bar was lifted, so there was no need for a 212(d)(3) waiver. A “clearance received” annotation was placed on the visa to further indicate his case was resolved.

After three prior failed attempts in which he did not have counsel, the applicant finally received the B1/B2 visa with our representation.

This is a true success story.

Cheers,

Dyan Williams

Founder & Principal Attorney
Dyan Williams Law PLLC
(612) 225-9900
info@dyanwilliamslaw.com

###

This article provides general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for any individual case or situation. Each legal case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.

SUBSCRIBE           CONTACT

Lifting of INA 212(a)(2)(A)(i)(I)(Crime-Related/CIMT) Bar + J-1 Visa Approval = A True Success Story

Within 16 days of my client’s visa interview, the U.S. Embassy granted him a J-1 exchange visitor visa after it had denied his prior application under INA 212(a)(2)(A)(i)(I)(crime-related bar). In the previous visa refusal, the Embassy found him to be permanently inadmissible because he was charged with two offenses, forgery and larceny, which are normally considered Crimes Involving Moral Turpitude (CIMT).

Based on the Motion to Reconsider and Rescind Inadmissibility Determination that I prepared for the client, the Embassy lifted the lifetime bar and issued the visa without requiring a 212(d)(3) waiver of inadmissibility.

Under INA 212(a)(2)(A)(i)(I), any non-U.S. citizen convicted of, or who admits committing acts that constitute the elements of a crime involving moral turpitude (other than a purely political offense), is inadmissible.  For the CIMT bar to apply, an actual conviction is not required when the person explicitly admits to committing all elements of the offense, under oath, including to a U.S. consular officer or customs officer during an interview.

A CIMT involves engaging in morally reprehensible and intrinsically wrong conduct with willful, reckless, or malicious intent. Examples are crimes against a person (aggravated battery, aggravated assault with a deadly weapon, statutory rape); crimes against property (shoplifting, theft, fraud, forgery, robbery); sexual and family crimes (e.g. child abuse, aggravated domestic assault); and crimes against the government (e.g. bribery, counterfeiting, willful tax evasion).

The petty offense exception applies only if the person committed just one CIMT ever, the CIMT has a potential sentence of one year or less, and a sentence of six months or less was imposed (if the person was convicted of the offense).

The client contacted me to evaluate his problem and recommend a solution after he had been denied the J-1 visa due to crime-related grounds. During the consultation, I learned that while he had been arrested and charged with two offenses (forgery and larceny) for one single incident, he was not convicted of either.

The police report, however, contained the client’s written Voluntary Statement admitting he had made a photocopy of his metro-train pass and presented the fake ticket to the train conductor to save money when he was low on cash. Meanwhile, he gave his real train pass to his travel companion to use.

In the legal memorandum supporting the Motion to Reconsider and Rescind Inadmissibility Finding, I emphasized that my client was never convicted of forgery or larceny. The charges were dismissed after he was placed in an alternative rehabilitation program, which did not require him to enter a guilty plea. I also argued that his Voluntary Statement in the police report did not amount to a legally valid admission to committing a CIMT. Thus, the Embassy’s crime-related inadmissibility finding was made in error.

Although my client qualified for the 212(d)(3) nonimmigrant waiver of inadmissibility, the U.S. Customs & Border Protection, Admissibility Review Office normally takes several months to process these requests – even after the Embassy makes a favorable recommendation. The waiver is also valid for a limited period (currently, up to 60 months).

Furthermore, the crime-related bar would remain if left unchallenged. If he were to seek permanent residence in the future, he would require a Form I-601/INA 212(i) immigrant waiver as long as the crime-related bar existed. This immigrant waiver of inadmissibility has much stricter eligibility criteria and higher evidentiary standards.

My client agreed that the Motion to Reconsider and Rescind Inadmissibility Determination was the primary solution and the 212(d)(3) waiver was the alternative remedy. Within one month of accepting his request for representation, I prepared the Motion with a legal memorandum and documentary evidence demonstrating the CIMT bar did not apply or,  at the very least, the 212(d)(3) waiver should be granted.

When my client appeared for his visa interview, the consular officer refused to accept the legal memorandum and accompanying exhibits. Instead, she took only two documents showing the charges had been dismissed. The problem was the Embassy had the same or similar information when it denied the prior J-1 visa application. My client was worried the Embassy would deny the new visa request because it had received no new information since the last denial.

To fully explain the situation, I forwarded the legal memorandum and exhibits to the Embassy in a follow-up email correspondence. I pointed out that my client has no criminal convictions, did not enter any guilty plea, and did not make any legally valid admissions to committing a  CIMT. I also noted that even if his Voluntary Statement to the police counted as a formal admission (which was not the case), the most he admitted to was forgery (not larceny) and he would thus, at a minimum, qualify for the petty offense exception to the CIMT bar. 

Eleven (11) days after I submitted the follow-up correspondence, including the legal memorandum and exhibits, to the Embassy, the J-1 visa was issued to my client. This allowed him to return to the U.S. and timely begin his J-1 exchange visitor program.

While my client was stuck overseas, waiting for his J-1 visa problem to be fixed, he and his wife communicated with me through emails and video calls.  Despite being in separate countries, we formed a strong attorney-client relationship and effective partnership that resulted in a true success story.

Cheers,

Dyan Williams

Founder & Principal Attorney
Dyan Williams Law PLLC
(612) 225-9900
info@dyanwilliamslaw.com

###

This article provides general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for any individual case or situation. Each case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.

SUBSCRIBE           CONTACT

Photo by: Free-Photos

Rescission of INA 212(a)(6)(C)(i) (Misrepresentation) Finding + Grant of H-1B Visa = A True Success Story

In September 2018, the U.S. Embassy issued an H-1B temporary worker visa to my client after previously finding he is permanently inadmissible under INA 212(a)(6)(C)(i), i.e. willful misrepresentation of material fact to gain U.S. immigration benefits. At the visa interview, he relied on my recommendations to explain why the misrepresentation bar does not apply to him.

The Embassy did not specify the factual basis for the misrepresentation finding. But years ago, my client’s H-1B visa was revoked by the U.S. Customs & Border Protection (CBP) and he was denied entry and allowed to withdraw his application for admission.

In particular, at primary inspection, the CBP officer asked him about his relationship with the H-1B petitioner (consulting firm) and the end client. Instead of naming the consulting firm as his U.S. employer, he mistakenly gave the name of the end client, where he was assigned to work. From there, confusion began.  At secondary inspection, the CBP questioned him extensively and ultimately denied his entry under INA 212(a)(7)(A)(i)(I)(intended immigrant without valid travel document) – which CBP often uses as a catch-all provision to refuse admission to the U.S.

A few years later, the Embassy did issue him a new H-1B visa based on an approved I-129 petition by another U.S. employer, without raising the misrepresentation bar. But when he later requested a visa renewal to enter the United States following a trip abroad, the Embassy requested several documents related to his previous employments in the United States. These included the I-797 (receipt and approval) notices for all H-1Bs; all I-129/H-1B petitions filed on his behalf; Labor Condition Applications in support of the H-1B petitions filed on his behalf; support letter from the end client; employment contracts; and pay statements.

Despite receiving the requested documents, the Embassy denied the H-1B visa  under INA 212(a)(6)(C)(i). When he applied again for the H-1B visa three months later – at the direction of his U.S. employer – the Embassy said nothing had changed and again refused the visa under section 212(a)(6)(C)(i).

After being denied the H-1B visa twice on misrepresentation grounds, he contacted me to prepare a Motion to Reconsider and Rescind Inadmissibility Determination Under INA 212(a)(6)(C)(i). The Embassy accepted my legal memorandum and some of the documentary evidence establishing the section 212(a)(6)(C)(i) bar was applied in error. It placed the case in administrative processing and then finally granted the visa two months later.

Although my client could have filed for a 212(d)(3) nonimmigrant waiver, I explained this would take a longer time to process and a waiver grant would still leave the section 212(a)(6)(C)(i) bar intact. He also had an approved I-140 immigrant petition filed on his behalf and the 212(d)(3) waiver would not overcome the inadmissibility ground to receiving an immigrant visa or green card. With no qualifying relative (U.S. citizen or permanent resident spouse or parent) to be eligible for a Form I-601/INA 212(i) immigrant waiver, he would be subject to being denied permanent residence as long as the 212(a)(6)(c) bar remained.

Furthermore, and most important, he had made no willful misrepresentation of material fact to obtain an H-1B visa or any other U.S. immigration benefit. I pointed out that if the Embassy agreed to rescind the section 212(a)(6)(C)(i) charge, he would not require a 212(d)(3) waiver for the H-1B visa to be issued.

Two months following the visa interview, the Embassy instructed my client to submit his passport. It issued the H-1B visa to him and he re-entered the United States without any problems. 

Because the Embassy vacated the section 212(a)(6)(C)(i) charge, my client will not need a 212(d)(3) nonimmigrant waiver to receive a new H-1B or other nonimmigrant visa. He also will not require a Form I-601/INA 212(i) waiver to obtain permanent residence in the United States.

Through emails, telephone calls  and video conferences, my client and I worked together to convince the Embassy to vacate the misrepresentation bar and grant the H-1B visa. This is a true success story in which he timely received the visa after being denied it twice in a row.

Cheers,

Dyan Williams

Founder & Principal Attorney
Dyan Williams Law PLLC
(612) 225-9900
info@dyanwilliamslaw.com

###

This article provides general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for any individual case or situation. Each case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.

SUBSCRIBE           CONTACT

Photo by: Holiho

Grant of Motion to Vacate INA 212(a)(6)(C)(i) (Misrepresentation) Charge+ Issuance of H-1B Temporary Worker Visa = A True Success Story

Within 50 days of attending his visa interview at the U.S. Embassy, my client was cleared of the INA 212(a)(6)(C)(i) inadmissibility charge and received his H-1B visa to resume his employment in the United States. The Embassy had previously found that he willfully misrepresented material fact when he failed to disclose he had been arrested and charged with Domestic Violence on his prior Form DS-160, nonimmigrant visa application, and during the visa interview.

This lifetime inadmissibility bar prevented him from obtaining the visa without first receiving a 212(d)(3) nonimmigrant waiver from the U.S. Customs & Border Protection, Admissibility Review Office. This waiver normally takes at least four to six months to process, assuming the Embassy makes a favorable recommendation and forwards the request to the CBP-ARO for review and a decision.

At the outset, I explained to the client that he had solid grounds to challenge the inadmissibility finding. He did not disclose the arrest or charge against him because it was was based on false allegations of Domestic Violence by his now ex-wife. He denied these unsubstantiated claims and did not plead guilty to the offense. The court also dismissed the charge due to lack of evidence.  There was no conviction or formal admission to committing the offense.

Because he was not inadmissible on crime-related grounds, his omission of the arrest and charge was immaterial to his visa eligibility. If he had disclosed this information on his visa application and during the interview – as he should have – he still would have qualified for the visa.

I explained to the client that while the 212(d)(3)(A) waiver request is a viable, alternative solution, it has several disadvantages. First, this path would leave the INA 212(a)(6)(C)(i) bar in his record because it only waives the inadmissibility ground, but does not get rid of it.

Second, the 212(d)(3) waiver is valid for up to 60 months (5 years), which means he would need to file for a new one, upon expiration, to continue to receive nonimmigrant visas. Furthermore, the 212(d)(3) waiver is for nonimmigrants and does not allow the issuance of a green card or immigrant visa to intended immigrants when the person is inadmissible under INA 212(a)(6)(C)(i). Rather, he would instead require a Form I-601/INA 212(i) immigrant waiver, which carries stricter eligibility requirements and higher evidentiary standards.

Moreover, the lengthy processing time for the 212(d)(3) waiver put the client at high risk of losing his position in the United States. His employer was already facing financial difficulties and project delays due to his absence.

I advised the client to apply again for the H-1B  visa and counseled him on how to present his case at the new visa interview. He opted for the 212(d)(3) waiver as a backup option and presented a Motion to Reconsider and Rescind Inadmissibility Determination Under INA 212(a)(6)(C)(i) (willful misrepresentation of material fact to gain immigration benefit) as his primary solution.

To support the Motion to Reconsider, I wrote a legal memorandum explaining  how the INA 212(a)(6)(C)(i) bar was applied in error and should be vacated to allow the Embassy to issue the visa without requiring a 212(d)(3) waiver. I also helped the client finalize his written testimony in support of the motion, as well as prepared him for oral testimony at the visa interview. The Embassy accepted the legal memorandum and written testimony and listened to his oral testimony. It then placed the case in administrative processing.

Following the visa interview, the client waited approximately 30 days to receive instructions from the Embassy to submit his passport.  The Embassy took another 20 days to process and issue the H-1B visa showing clearance was received. During the waiting period, I submitted several follow-up inquiries to the Embassy to request the visa issuance and to help relieve the client’s anxiety.

A few days later, my client entered the United States with his new H-1B visa. At the U.S. port of entry, the U.S. Customs & Border Protection asked no questions about the prior inadmissibility finding.

The section 212(a)(6)(C)(i) charge was removed and the client is no longer subject to this permanent bar. As such, he will not need a 212(d)(3) nonimmigrant waiver to receive a new H-1B or other nonimmigrant visa. In addition, he will not require a Form I-601/INA 212(i) waiver to obtain permanent residence in the United States.

During the course of representation, I gathered information and answered questions from the client by email and video calls. Despite never having an in-person meeting, we effectively collaborated and communicated with each other to create a true success story.

Cheers,

Dyan Williams

Founder & Principal Attorney
Dyan Williams Law PLLC
(612) 225-9900
info@dyanwilliamslaw.com

###

This article provides general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for any individual case or situation. Each case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.

SUBSCRIBE           CONTACT

Photo by: qimono