EB1 and NIW for Chevron Employees in Africa: How Energy Professionals From Nigeria and Beyond Secure US Green Cards

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Chevron operates extensively across Africa, including Nigeria, Angola, Egypt, Ghana, Equatorial Guinea, and Congo, employing highly skilled engineers, scientists, project managers, and energy specialists whose work directly impacts US energy security, global supply chains, environmental protection, and technological innovation.

Many Chevron employees working in Africa are excellent candidates for US permanent residence through the EB-1 Extraordinary Ability or EB-2 National Interest Waiver (NIW) categories. These categories do not require employer sponsorship.

At our firm, we have successfully represented Chevron professionals across multiple African countries, helping them transition from international energy roles to US green card approval.

Why Chevron Employees in Africa Qualify for EB1 and NIW

Chevron’s African operations are strategically vital to the United States due to:

• offshore and deepwater oil and gas production
• global energy supply stability
• environmental and emissions control initiatives
• infrastructure development
• advanced drilling and reservoir technologies
• health, safety, and environmental compliance
• cross-border energy logistics

USCIS routinely recognizes energy engineering, petroleum science, environmental technology, chemical engineering, and operations leadership as fields of national importance.

EB1 vs NIW for Chevron Professionals Working in Africa

EB1 Extraordinary Ability

Best for senior Chevron professionals who can demonstrate exceptional standing in their field.

Strong EB1 indicators include:
• original technical contributions
• industry recognition
• high compensation
• patents or proprietary systems
• expert testimonials

EB2 National Interest Waiver

Ideal for professionals whose work benefits US energy interests, even if they are not globally famous.

NIW focuses on:
• national importance of the work
• whether the applicant is well positioned
• why the US benefits from waiving labor certification

Many Chevron professionals qualify for both, and strategic filing often improves approval odds.

Common Chevron Job Roles That Qualify

• Petroleum Engineers
• Reservoir Engineers
• Offshore Operations Managers
• Environmental and HSE Specialists
• Chemical Engineers
• Energy Systems Engineers
• Project Managers
• Geoscientists
• Supply Chain and Logistics Leads
• Energy Data and Automation Specialists

Successful EB1 and NIW Cases for Chevron Employees in Africa

Success Case 1: Nigerian Chevron Offshore Engineer Approved Under NIW

A Nigerian offshore petroleum engineer working on Chevron’s deepwater operations believed his Africa-based role would limit eligibility. We demonstrated how his work directly supported US energy supply stability and offshore safety technology. NIW approved without RFE.

Success Case 2: Chevron Environmental Specialist in Angola Secured EB1

An environmental compliance manager overseeing emissions and spill prevention programs across Angola had no publications but led initiatives adopted company wide. We proved original contributions and national environmental significance. EB1 approved in premium processing.

Success Case 3: Chevron Chemical Engineer in Egypt Approved After Prior NIW Denial

A Chevron chemical engineer working in Egypt was denied NIW after filing independently, with USCIS stating he was “not well positioned.” We rebuilt the case with expert letters explaining how his refinery optimization work reduced global supply disruptions. NIW approved on refiling.

Success Case 4: Chevron Project Manager in Ghana Approved Without Publications

A Chevron project manager overseeing multimillion dollar infrastructure projects in Ghana had no patents or academic publications. We focused on leadership, economic impact, and cross-border operational importance. NIW approved within seven months.

Common Myths African Chevron Employees Believe

• “I must work in the US to qualify”
• “Chevron has to sponsor my green card”
• “I need US publications or awards”
• “NIW is only for academics”

These assumptions are incorrect. USCIS evaluates impact, not geography.

Why EB1 and NIW Are Ideal for Chevron Employees Abroad

• Self-petitioning allowed
• No employer sponsorship required
• No PERM labor certification
• Flexible relocation timeline
• Strong approval trends in energy cases
• Independence from corporate immigration policies

Ready to Explore EB1 or NIW as a Chevron Employee?

If you work for Chevron in Nigeria, Angola, Egypt, Ghana, or elsewhere in Africa, you may already qualify for a US green card.

Messersmith Law Firm
Same-Day Consultations Available

305-515-0613
info@messersmithlaw.com

We will evaluate your accomplishments, determine eligibility, and build a strong petition designed to win approval.

Criteria for EB-1 Green Card: Full Guide + Real Approval Success Stories

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The EB-1 Green Card is one of the most prestigious US immigration pathways, offering fast processing, no PERM labor certification, and eligibility to self-petition in many cases. But EB-1 approval requires meeting strict legal criteria, especially under today’s tighter review standards.

If you are a researcher, engineer, athlete, entrepreneur, or business executive, understanding the EB-1 criteria will help you determine whether you qualify and how to build a winning petition. At The Messersmith Law Firm, we help applicants worldwide obtain EB-1 approvals, even in complex cases involving RFEs, NOIDs, or prior denials.

What Is the EB-1 Green Card?

The EB-1 is a first-preference employment-based immigrant category for individuals at the top of their field. It is divided into three subcategories:

EB-1A – Extraordinary Ability

For individuals who can prove sustained national or international acclaim. Allows self-petition.

EB-1B – Outstanding Professors or Researchers

Requires employer sponsorship and proof of outstanding academic achievements.

EB-1C – Multinational Executives or Managers

For executives/managers transferring from a foreign office to a US company.

EB-1A Green Card Criteria (Extraordinary Ability)

To qualify for EB-1A, you must either:

  1. Win a major internationally recognized award (like a Nobel Prize), or
  2. Meet at least three out of the following ten criteria:
  • Published material about you in major media
  • Original contributions of major significance
  • Scholarly articles published
  • Judging the work of others
  • Leading or critical role for distinguished organizations
  • High salary relative to others in the field
  • Displayed work at major exhibitions
  • Evidence of commercial success
  • Membership requiring outstanding achievements
  • National or international awards

Meeting three criteria alone is not enough. USCIS conducts a final merits determination to evaluate overall influence and career significance.

EB-1B Green Card Criteria (Outstanding Researcher/Professor)

You must show:

  • International recognition for outstanding achievements,
  • Three years of research or teaching experience, and
  • A qualifying job offer.

Plus evidence from at least two categories:

  • Major awards
  • Published material about the researcher
  • Peer review or judging
  • Contributions to the field
  • Scholarly articles
  • Memberships requiring achievement

EB-1C Green Card Criteria (Executive or Manager)

You must show:

  • Work outside the US for 1 year in the past 3 years,
  • Managerial or executive role,
  • Qualifying corporate relationship between foreign and U.S. company,
  • Ability to direct operations at a senior level.

Why EB-1 Green Cards Get Denied

Common USCIS reasons include:

  • Weak documentation of contributions
  • Lack of independent recognition
  • Titles without proof of actual leadership duties
  • Low citation numbers
  • Evidence showing success of company, not individual
  • Inconsistent resume history
  • Poorly written expert letters

A strong legal argument is now just as important as strong evidence.

Real EB-1 Green Card Success Stories

Success Story 1: EB-1A Approval for Global Operations Director

A global supply chain director first filed EB-1A on his own and received a denial. He came to us with concerns about low publication numbers. We rebuilt his evidence using:

  • Industry impact letters,
  • Fortune-500 customer revenue growth,
  • Documentation proving his redesign of logistics systems.
    USCIS approved his EB-1A within 8 weeks.

Success Story 2: EB-1A Approval for Technology Product Manager

A product manager leading a billion dollar software product line was told he did not qualify because he had “no academic publications.” We proved:

  • Leadership over US patent development,
  • Media coverage in major tech publications,
  • Key role in driving adoption across global markets.
    Approved without RFE.

Success Story 3: EB-1B Approval for University Researcher

A physics researcher had modest citation numbers and feared denial. We strengthened his case with:

  • Peer review record from 15 journals,
  • Expert letters from Nobel laureate collaborators.
    USCIS approved his EB-1B in premium processing.

Can You Qualify for EB-1 Without Publications, Patents or Awards?

Yes. We routinely win EB-1 cases for:

  • Business executives
  • Cloud architects
  • DevOps leaders
  • CMOs and marketing directors
  • Startup founders
  • Athletes and coaches
  • Software engineers

Legal strategy matters more than raw documents.

Contact Us to Build Your EB-1 Green Card Case

If you believe you may qualify for EB-1 or want an expert evaluation, contact us.

Messersmith Law Firm
Same-Day Consultations Available

305-515-0613
info@messersmithlaw.com

We will evaluate your accomplishments, determine eligibility, and build a strong petition designed to win approval.

EB1A Final Merits Determination: How USCIS Decides Approval and How to Win

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Many EB1A applicants believe that once they meet at least three regulatory criteria, approval is guaranteed. Unfortunately, that is not how USCIS adjudicates EB1A cases. Even after satisfying the initial criteria, USCIS performs a Final Merits Determination which is the most critical and misunderstood stage of the EB1A process. This is where many otherwise strong petitions are denied.

At The Messersmith Law Firm, we regularly help professionals overcome final merits denials, RFEs, and NOIDs, including cases filed pro se or by other attorneys, and secure EB1A approvals.

What Is the EB1A Final Merits Determination?

The final merits determination is the second step of EB-1A adjudication, required under Matter of Kazarian.

USCIS asks one core question:

Does the totality of the evidence show that the petitioner is among the small percentage at the very top of the field and has sustained national or international acclaim?

Meeting three criteria is necessary but not sufficient. USCIS evaluates quality, impact, and significance, not just quantity.

Why EB1A Cases Fail at Final Merits

The most common final merits problems we see include:

  1. Lack of Demonstrated Impact
  2. Evidence That Is Too Internal
  3. Weak Expert Letters
  4. No Clear Career Narrative
  5. Confusing “Important” With “Extraordinary”

How USCIS Evaluates EB1A at Final Merits

USCIS weighs:

• Scope and reach of your work
• Independent recognition
• Influence on industry standards, products, or policy
• Leadership and decision making authority
• Evidence of sustained acclaim over time
• Whether your work benefits the United States prospectively

This is why legal framing is just as important as documentation.

Successful EB1A Final Merits Case Examples

Case 1: EB1A Approved After Final Merits RFE (Technology Leader)

A cloud infrastructure engineer met four criteria, but USCIS issued an RFE stating that his work was “internal to his employer.” We reframed his achievements to show industry wide adoption, reliance by external partners, and measurable market impact.
Result: EB1A approved within two weeks of RFE response.

Case 2: EB1A Denied at Final Merits but Approved on Refile (Business Executive)

A global operations executive was denied despite meeting three criteria. USCIS concluded he was “successful but not extraordinary.” We rebuilt the case to highlight decision making authority, revenue impact, global influence, and peer distinction.
Result: EB1A approved on refile with no RFE.

Case 3: EB1A Approved After NOID for Final Merits (Researcher)

A researcher received a NOID stating USCIS was “not persuaded the petitioner rose to the top of the field.”
We submitted new citation analysis, third party adoption evidence, and a legal brief tying the evidence directly to final merits standards.
Result: NOID withdrawn and EB-1A approved.

Can You Win EB1A If Final Merits Were Questioned?

Yes, final merits denials are often fixable, but only with a precise legal strategy. Options may include:

• Strong RFE or NOID response
• Refiling with a restructured case
• Appealing to the AAO in limited situations
• Repositioning under EB1A corrected framing

What does not work is simply submitting more documents without legal analysis. If USCIS has questioned your EB1A final merits, or you want to ensure your case is built correctly from the start, expert legal guidance is critical.

Email: info@messersmithlaw.com
Call: 305-515-0613
Website: www.messersmithlaw.com

Why Choose Messersmith Law Firm for EB1A Final Merits Cases

• Over 20 years of immigration law experience
• Extensive EB1A and NIW approvals across tech, business, science, arts, and athletics
• Proven success salvaging RFEs, NOIDs, and prior denials
• Attorney led strategy no outsourcing
• Deep understanding of USCIS adjudication trends

Many of our EB1A approvals come from cases others thought were no longer winnable.

FBI Name Check and I-485 Delays: What It Means and How to Get Your Green Card Approved

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If your Form I-485 (Adjustment of Status) has been pending for months or even years with no decision, an FBI name check may be the reason. FBI name check delays are one of the most common and most frustrating causes of stalled green card applications.

At The Messersmith Law Firm, we regularly help clients break through FBI name check delays, resolve security clearance issues, and move their I-485 applications toward approval.

What Is an FBI Name Check for I-485 Applications?

As part of the green card background screening process, USCIS conducts several security checks, including:

  • FBI fingerprint check
  • FBI name check
  • Interagency database screening

An FBI name check compares your name and biographical information against FBI investigative and intelligence databases. If your name matches or resembles another individual’s record, your case may be placed on hold for manual review. Importantly, an FBI name check delay does not mean you did anything wrong.

Why FBI Name Checks Cause I-485 Delays

FBI name checks are often delayed due to:

  • Common names or name similarities
  • Variations in spelling or transliteration
  • Foreign travel history
  • Prior visa applications or entries
  • Security or law enforcement database overlaps

Some applicants wait many months or even years without receiving an update from USCIS.

How Long Can an FBI Name Check Delay an I-485?

There is no statutory deadline for FBI name check completion. However, delays of more than 6–12 months after biometrics are often considered unreasonable, especially when no other issues exist in the case.

Successful FBI Name Check I-485 Case Examples

Case 1: Marriage Based I-485 Approved After Name Match Error

A marriage based applicant with a common Middle Eastern name faced repeated delays due to a name similarity issue. We coordinated with USCIS and clarified biographic inconsistencies. The FBI name check cleared, and the I-485 was approved .

Case 2: EB1 I-485 Approved After Legal Intervention

An EB-1 applicant’s case stalled for over 18 months after biometrics. We worked with USCIS and sped up the process. USCIS finalized FBI clearance and approved the I-485 in 2 months.

Does an FBI Name Check Mean My I-485 Will Be Denied?

No. With the right legal approach, it can still be approved.

Get Help With Your FBI Name Check I-485 Delay Today

If your adjustment of status application is stuck due to an FBI name check, you do not have to wait indefinitely. Contact The Messersmith Law Firm for a same-day consultation.

Phone: 305-515-0613
Email: info@messersmithlaw.com

We will review your case, explain your options, and help you move your I-485 toward approval.

Prosecutorial Discretion in Immigration: What It Is and How It Can Stop Deportation

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Prosecutorial discretion (PD) is one of the most powerful and misunderstood tools in US immigration law. When used correctly, it can pause deportation, close immigration court cases, cancel removal orders, and protect families from separation.

At The Messersmith Law Firm, we help immigrants and their families request and obtain prosecutorial discretion from ICE, DHS, and immigration courts.

What Is Prosecutorial Discretion in Immigration?

Prosecutorial discretion refers to the authority of immigration agencies primarily ICE, DHS, and the Office of the Principal Legal Advisor (OPLA) to decide whether to enforce immigration laws against a specific individual. In practice, this means the government may choose to:

  • Dismiss or administratively close a removal case
  • Stay or defer deportation
  • Cancel enforcement actions
  • Grant deferred action
  • Decline to file or pursue charges

Prosecutorial discretion does not grant a green card by itself, but it can stop removal and allow time to pursue lawful immigration options.

Who Can Qualify for Prosecutorial Discretion?

While prosecutorial discretion is determined on a case by case basis, ICE and DHS will consider many positive factors to determine who can qualify. These factors include:

  • Long term residence in the United States
  • US citizen or permanent resident family members
  • Pending or approved immigration petitions
  • Employment history and tax compliance
  • Community ties and good moral character
  • Serious medical conditions or humanitarian factors
  • Military service or essential worker history

Individuals who are not a priority for enforcement often have strong grounds for PD.

When Is Prosecutorial Discretion Most Effective?

Prosecutorial discretion can be requested at multiple stages, including:

  • During removal proceedings in immigration court
  • After a Notice to Appear (NTA) is issued
  • While an appeal or motion is pending
  • When a person has a final order of removal
  • During ICE check-ins or supervision
  • When an I-130, I-140, I-485, or waiver is pending

Timing and strategy are critical. A poorly prepared request can be denied while a strong legal presentation can result in case dismissal or closure.

Common Mistakes in Prosecutorial Discretion Requests

  • Submitting incomplete or emotional requests without legal analysis
  • Failing to address enforcement priorities
  • Ignoring criminal or immigration history issues
  • Requesting PD at the wrong procedural stage
  • Attempting to file without legal counsel

These mistakes can lead to denial or worse, increased enforcement scrutiny.

Get Legal Help With Prosecutorial Discretion Today

If you or a loved one is facing deportation, removal proceedings, or ICE enforcement, prosecutorial discretion may be the solution but only if requested properly. At The Messersmith Law Firm, we have

  • Extensive experience with ICE and OPLA filings
  • Proven success in PD cases
  • Strategic coordination with pending USCIS filings
  • Personalized, attorney led representation
  • Same day consultations available for urgent cases

Many of our clients come to us after other attempts failed and we’ve successfully reversed outcomes. At The Messersmith Law Firm, we prepare custom legal briefs tailored to ICE and court expectations not generic letters.

Call 305-515-0613
Email info@messersmithlaw.com
Visit www.messersmithlaw.com

DUI and I-485 Application: What Applicants Must Know Before Filing Adjustment of Status

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If you are applying for a US green card through Form I-485 (Adjustment of Status) and have a DUI (Driving Under the Influence) on your record, you are not alone. This is one of the most common concerns we see and one of the most misunderstood areas of immigration law.

A DUI does not automatically disqualify you from adjusting status. However, it can trigger heightened scrutiny by USCIS, including medical review, requests for evidence, or even denial if not handled properly. At The Messersmith Law Firm, we have successfully guided many clients with DUI histories through the I-485 process and secured green card approvals.

Does a DUI Affect an I-485 Application?

A single, non-aggravated DUI is generally not a ground of inadmissibility under US immigration law. That said, USCIS does not review DUI cases in isolation. During I-485 adjudication, officers examine:

  • Criminal history
  • Moral character
  • Public safety concerns
  • Evidence of alcohol abuse or dependency
  • Medical exam findings (Form I-693)

A DUI can prompt USCIS to look deeper which may lead to a denial if the case is properly prepared.

Why USCIS Scrutinizes DUI Cases in Adjustment of Status

USCIS evaluates I-485 applications under INA §212 inadmissibility grounds. A DUI may raise concerns in two key areas:

1. Crimes Involving Moral Turpitude (CIMT)

A simple DUI is usually not a CIMT. However, it may become one if aggravating factors exist, such as:

  • DUI with injury or death
  • Driving on a suspended license
  • Reckless endangerment
  • Multiple DUI convictions

If USCIS classifies the offense as a CIMT, it can affect admissibility unless an exception or waiver applies.

2. Alcohol Abuse or Dependence

USCIS may focus heavily on medical inadmissibility, especially if:

  • There are multiple DUIs
  • BAC levels were very high
  • Court records mention substance abuse treatment
  • The civil surgeon identifies alcohol dependence

A finding of current alcohol dependence can result in a Class A medical inadmissibility, which may lead to denial unless resolved.

DUI and the Immigration Medical Exam (Form I-693)

The I-693 medical exam is often the most critical part of a DUI-related I-485 case. If USCIS knows about a DUI, the civil surgeon may:

  • Ask detailed questions about alcohol use
  • Request court dispositions
  • Refer the applicant for a substance abuse evaluation

If the doctor finds the applicant is not currently alcohol dependent, the case can proceed. If dependence is found, the application may be delayed or denied until remission is documented.

What Happens at the I-485 Interview With a DUI?

USCIS officers commonly ask:

  • When and where the DUI occurred
  • Whether alcohol or drugs were involved
  • Whether anyone was injured
  • Whether court requirements were completed
  • Whether there have been repeat offenses

Inconsistencies, minimizing the incident, or lack of documentation can seriously harm credibility.

Can a DUI Lead to I-485 Denial?

Yes. Denials usually occur when USCIS finds:

  • Alcohol dependence or abuse
  • A DUI qualifying as a CIMT
  • Multiple DUI convictions showing disregard for the law
  • Failure to disclose the DUI
  • Misrepresentation under INA §212(a)(6)(C)(i)

Successful DUI and I-485 Case Examples

Case 1: Single DUI, Marriage-Based Green Card Approved

A Canadian applicant applying through marriage had a DUI from three years earlier. We properly addressed the issue and provide strong evidence. USCIS approved the I-485 without issuing an RFE.

Case 2: DUI Triggered Medical Review, Case Saved

An employment-based applicant’s DUI caused USCIS to request further medical evaluation. We coordinated with the civil surgeon. The green card was approved after supplemental review.

Case 3: Multiple DUIs but Rehabilitation Proven

A client with two older DUI convictions faced serious scrutiny. We represent the client at the I-485 interview. USCIS approved the I-485 after interview.

Get Legal Help With Your DUI and I-485 Application.

Legal guidance is strongly recommended if:

  • You have more than one DUI
  • The DUI involved injury or aggravating factors
  • You are concerned about medical inadmissibility
  • You have prior immigration issues

A DUI does not have to derail your green card application but how you handle it matters. Early legal strategy can mean the difference between approval and denial. At The Messersmith Law Firm, we have successfully helped many applicants with DUI histories obtain green cards.

Contact us at 305-515-0613 or info@messersmithlaw.com
Same-day consultations available.

EB1A Green Card for Cloud Architects, DevOps Engineers & Infrastructure Leads

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Cloud computing, DevOps automation and large scale infrastructure management have become the backbone of modern business operations in every industry. As a result, professionals who design, optimize and oversee these complex systems are now among the strongest candidates for the EB1A green card category.

Many Cloud Architects, DevOps Engineers and Infrastructure Leads wrongly assume that EB1A is only for researchers, professors or scientists. In reality, the United States Citizenship and Immigration Services often recognizes high level technology leaders as individuals who have extraordinary ability and who make original contributions that are essential to American innovation.

As The Messersmith Law, we have helped many technology professionals secure EB1A approvals, we have seen how well these profiles can meet the legal criteria when their achievements are properly documented and presented.

Why Cloud and DevOps Professionals Are Strong EB1A Candidates

Professionals in cloud infrastructure and DevOps often work on projects that affect entire organizations, national platforms and global markets. USCIS allows EB1A approval when an applicant can show that their work has major significance or that their leadership and contributions influence the overall direction of their field.

Cloud and DevOps professionals commonly meet these standards because they often:

• Design multi region cloud architectures
• Improve reliability for systems used by millions of users
• Lead global engineering teams
• Build automation frameworks used across organizations
• Implement security and compliance systems for sensitive data
• Create tools or processes adopted industry wide

Even without publications or patents, these achievements can be presented as extraordinary if the evidence is strong and the legal argument is properly developed.

EB1A Criteria That Cloud and DevOps Professionals Commonly Satisfy

USCIS provides several pathways for demonstrating extraordinary ability. Cloud and DevOps professionals are often able to meet three or more of the following:

• Original contributions that have major significance
• Leading or critical role in a distinguished organization
• High salary relative to peers
• Judging the work of others
• Media coverage or recognition
• Professional memberships with selective requirements

The key is connecting each achievement to documentation, expert testimony and legal analysis. This is where our assistance makes the greatest impact. Many clients come to us after receiving a Request for Evidence or a Notice of Intent to Deny from a previous filing, and we have been able to strengthen and salvage their cases.

Successful EB1A Cases for Cloud and DevOps Professionals

Case One: Cloud Architect Leading National Scale Platform

A Cloud Architect from India designed the cloud migration strategy for a finance company that served millions of customers. His initial EB1A petition was denied when filed through another attorney. He came to us with a Notice of Intent to Deny after filing another petition. We rebuilt the entire case and provided detailed evidence showing the commercial and national significance of his work. His EB1A was approved within weeks.

Case Two: DevOps Engineer With Organization Wide Automation Impact

A DevOps professional from Brazil had no publications and no patents, but he had created an automation framework used by more than ten engineering teams worldwide. He filed his case himself and received an RFE. USCIS questioned whether his work was truly significant. We prepared expert letters, adoption evidence and a legal argument demonstrating the broad operational impact. His EB1A was approved in 5 days.

Case Three: Infrastructure Lead Managing Global Reliability Systems

A European Infrastructure Manager oversaw high availability systems for a technology company. Her lawyer received an RFE where USCIS questioned whether her duties were senior enough. We provided detailed documentation showing her oversight of incident management, security controls and global engineering teams. The RFE response was successful and the petition was approved.

Start Your EB1A Strategy Today

If you are a Cloud Architect, DevOps Engineer or Infrastructure Lead, there is a strong chance that your achievements already align with the EB1A criteria. The key is presenting them correctly.

We regularly help technology professionals secure EB1A approvals, including many who were previously told they did not qualify or who received denials when filing on their own. If you want an experienced attorney to evaluate your background and build a winning petition, contact us today.

Email: info@messersmithlaw.com
Phone: 305 515 0613
Same day consultations available

Can I Fix 212(a)(6)(C)(i)? The Complete Guide to Overcoming a Willful Misrepresentation Bar

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A finding under INA §212(a)(6)(C)(i) which refers to willful misrepresentation of a material fact is one of the most serious and confusing issues in United States immigration law. It can result in a permanent lifetime bar from the United States.

But here’s the truth: Many people can fix a 212(a)(6)(C)(i) finding and many more can fight it and get it reversed entirely.

If you’ve been accused of misrepresentation or fraud by USCIS or a US consulate, this guide explains what your real options are, how the law works, and when you should contact us for help.

What Does 212(a)(6)(C)(i) Mean?

INA §212(a)(6)(C)(i) applies when a person:

  • Willfully
  • Misrepresented
  • A material fact
  • To obtain a visa, entry, or immigration benefit.

To stick, the government must prove all four elements. If even one is missing, the finding is invalid and it can be overturned.

Can I Fix a 212(a)(6)(C)(i) Finding?

Yes but the method depends on whether the finding is correct and what stage your case is at. There are three primary ways to fix a misrepresentation finding:

1. Fight the Accusation and Get It Reversed

This is the strongest solution if the allegation is wrong, and many 212(a)(6)(C)(i) findings are wrong. Many cases can be fixed without ever seeking a waiver by rebutting the officer’s reasoning through an RFE/NOID response, administrative appeal, or legal argument.

2. Apply for a 212(i) Waiver (If Eligible)

If the finding is correct and cannot be contested, the main remedy is a 212(i) waiver for immigrant cases.

To qualify, you must prove extreme hardship to a U.S. citizen or permanent resident spouse or parent. Children do not count for the 212(i) waiver. If you do not have a qualifying relative, a 212(i) waiver is unavailable.

3. Apply for a 212(d)(3) Nonimmigrant Waiver (For Temporary Visas)

For tourist visas, student visas, work visas, and other temporary entries, you can request a 212(d)(3) waiver.

The 212(d)(3) waiver:

  • Does not require a qualifying relative
  • Can forgive almost any ground of inadmissibility
  • Is granted at the discretion of DHS
  • Is often approved when properly prepared

This is one of the most powerful tools to fix a 212(a)(6)(C)(i) finding if you are seeking temporary entry into the U.S.

Common Situations Where 212(a)(6)(C)(i) Can Be Fixed

These types of cases are often successfully overcome:

  • OPT / CPT Employment Issues (Findream, Integra, Sinocon cases)
  • DS-160 mistakes (dates, jobs, addresses)
  • Miscommunication during visa interviews or at the port of entry
  • Marriage-based application inconsistencies
  • Incorrect employment titles or résumé differences in work visas

How Long Does It Take to Fix 212(a)(6)(C)(i)?

Depending on the remedy, it can be resolved in as little as 2 months but more complicated cases will take longer. Cases involving misrepresentation require meticulous legal strategy and not just not generic templates.

Do Not Fight a 212(a)(6)(C)(i) Finding Alone

A misrepresentation charge is one of the most dangerous findings in immigration law. A poorly crafted response, or one prepared without legal expertise will lock in the lifetime bar and destroy any future immigration options

If you’ve received a fraud/misrepresentation accusation, denial, RFE, NOID, or consular refusal, you need immediate legal help. We are one of the leading US immigration law practices with a strong record of:

  • Reversing wrongful 212(a)(6)(C)(i) findings
  • Preparing winning 212(i) hardship waivers
  • Securing 212(d)(3) waivers for nonimmigrant visas
  • Representing clients worldwide in complex fraud cases

Call: 305-515-0613
Email: info@messersmithlaw.com
Same-Day Consultations Available

Notice of Intent to Revoke (NOIR) for EB-1 or NIW — What It Means and How to Save Your Case

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Receiving a Notice of Intent to Revoke (NOIR) on your EB-1A (Extraordinary Ability) or NIW (National Interest Waiver) petition can feel devastating. After all, USCIS already approved your petition and now they’re threatening to take it back.

The good news? A NOIR does not mean your green card is lost. With the right legal strategy, many EB-1 and NIW revocations can be successfully overturned. At The Messersmith Law, we’ve helped clients across the world respond to NOIRs and keep their EB-1 or NIW approvals even after USCIS questioned their achievements or qualifications.

Here’s what you need to know to protect your case and your future.

What Is a Notice of Intent to Revoke (NOIR)?

A Notice of Intent to Revoke is a formal letter from USCIS stating that they intend to cancel (revoke) an already approved petition. It’s most common in employment-based immigrant visa categories, such as:

  • EB-1A (Extraordinary Ability)
  • EB-1B (Outstanding Researcher or Professor)
  • EB-1C (Intracompany Transferee)
  • EB-2 NIW (National Interest Waiver)

USCIS issues a NOIR when they believe the original approval was made in error, new adverse information has emerged, or evidence no longer supports the petition.

Common Reasons for EB-1 or NIW NOIRs

USCIS may issue a NOIR for reasons such as:

  • Alleged misrepresentation or inconsistency in credentials or employment
  • Doubt about the petitioner’s eligibility under EB-1A or NIW criteria
  • Withdrawal of employer support (for EB-1B or EB-2)
  • Changes in job description or duties
  • Third party complaint or consular return (a US consulate questioned the approval)
  • Fraud or error findings during internal USCIS review

Many of these are fixable with proper documentation and legal argument.

What Happens After a NOIR?

You usually have 30 days to respond to a NOIR. If you do not respond or if the response is insufficient USCIS will revoke the approval of your EB-1 or NIW petition. This can also affect:

  • Your pending I-485 (green card) application
  • Your work authorization (EAD)
  • Any derivative family members

A well-prepared response can stop the revocation entirely or restore approval after a detailed legal rebuttal.

How to Respond to a Notice of Intent to Revoke (NOIR)

Here’s what an effective response strategy includes:

  1. Careful review of USCIS allegations.
  2. Gather strong supporting evidence.
  3. Legal analysis of regulatory criteria.
  4. Expert legal brief.
  5. Address procedural errors.

Frequently Asked Questions (FAQ)

Q1. What’s the difference between an RFE and a NOIR?
An RFE is issued before approval. A NOIR is issued after approval, when USCIS re-examines your petition and finds possible issues.

Q2. Can I still work if I receive a NOIR?
Yes, as long as your I-485 and EAD remain valid. However, if the petition is revoked, your EAD may be affected so respond quickly.

Q3. Can I appeal a revoked EB-1 or NIW?
Yes. If USCIS revokes despite your response, you can appeal to the AAO or refile with stronger evidence. Many cases succeed on appeal.

Q4. How long does USCIS take to review a NOIR response?
Usually 30–90 days, but complex cases may take longer.

Q5. Should I hire an immigration lawyer for a NOIR?
Absolutely. A NOIR response is a legal argument, not just paperwork. We can identify regulatory misapplications and prevent irreversible revocation.

Get Our Help Before It’s Too Late

We have helped scientists, engineers, professors, entrepreneurs, and healthcare professionals across the US keep their EB-1 and NIW approvals. If you received a Notice of Intent to Revoke your EB-1 or NIW, act fast. You only have 30 days to respond and every detail matters.

Call 305-515-0613
Email info@messersmithlaw.com
Same-Day Consultations Available

We’ve turned many EB-1 and NIW NOIRs into approvals. Let us help you protect yours.

INA 212(a)(6)(C)(i): How We Assist Applicants Overcome Misrepresentation Findings (Real Successful Case Examples)

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INA 212(a)(6)(C)(i) commonly referred to as “212a6ci” is one of the most feared findings in US immigration law. It applies when USCIS or a US consulate believes an individual willfully misrepresented a material fact to obtain an immigration benefit.

A 212(a)(6)(C)(i) finding triggers a lifetime bar but it does NOT always mean denial is final. Every year, we assist many applicants successfully challenge, appeal, obtain I-601 hardship waivers, or 212(d)(3) waivers to overcome this bar.

This comprehensive guide explains:

  • What 212(a)(6)(C)(i) means;
  • Why it is issued;
  • How to fight it;
  • Realistic successful case examples;
  • When a 212(i) waiver works; and
  • How to maximize your chances of approval.

What Is INA 212(a)(6)(C)(i)?

If a person willfully and materially misrepresents a fact to gain a US immigration benefit, they become inadmissible for life.

Key elements US government must prove:

  1. The applicant knowingly provided false or misleading information.
  2. A false statement, omission, or misleading response.
  3. The fact must be significant enough to influence the immigration decision.
  4. The misrepresentation must be intended to gain a U.S. immigration benefit.

Common Reasons Leading to 212(a)(6)(C)(i)

  • Incorrect employment information (OPT or H-1B)
  • Misstating immigration history
  • Failing to disclose a prior visa denial
  • Knowingly using fraudulent documents
  • Incorrect marital or family information
  • Inconsistencies during visa or green card interviews
  • Student visa (F-1) misrepresentation allegations
  • OPT/CPT misuse allegations (very common)

Yes, We Can Overcome 212(a)(6)(C)(i). Here Are Examples of Our Successful Cases.

Successful Case #1: Misrepresentation Reversed (No Waiver Needed)

Issue:
An applicant filed I-539 on his own and received a Request for More Evidence. USCIS claimed the company he listed as an employer on an OPT I-20 was fraudulent and alleged misrepresentation.

Outcome:
USCIS withdrew the 212(a)(6)(C)(i) allegation. Our client’s I-539 was approved without a waiver.

Successful Case #2: I-601 Hardship Waiver Approved for Spouse

Issue:
A consular officer claimed an immigrant visa applicant failed to disclose prior overstays.

Outcome:
I-601 approved and our client received an immigrant visa

Successful Case #3: Green Card Granted After NOID Rebuttal

Issue:
USCIS accused our client of misrepresenting previous employment during an H-1B petition.

Outcome:
USCIS closed the misrepresentation allegation and I-485 approved.

Successful Case #4: Student Visa Misrepresentation Overcome

Issue:
The applicant allegedly lied about previous visa denials in DS-160.

Outcome:
The consulate removed the 212(a)(6)(C)(i) finding and F-1 visa was issued.

Successful Case #5: Misrepresentation Not Material → Bar Removed

Issue:
Applicant entered an incorrect job title on a visa form due to an innocent mistake.

Outcome:
Officer overturned the 212a6ci finding and no waiver was required.

When You Need a I-601 Waiver

If the finding cannot be overturned, you must show extreme hardship to a US citizen or LPR spouse or parent. Hardship can include:

  • Medical conditions
  • Pregnancy or high-risk pregnancy
  • Mental health issues (anxiety, PTSD, depression)
  • Financial collapse
  • Losing access to essential care for children
  • Country specific dangers
  • Separation hardship

A well-documented hardship package can secure approval even when the misrepresentation occurred many years earlier.

Your Path to Approval Starts with the Right Legal Team

Overcoming an INA 212(a)(6)(C)(i) misrepresentation finding is entirely possible with the right strategy, the right evidence, and the right guidance. Every year, we help applicants just like you successfully challenge USCIS, Consulate, CBP mistakes, reverse wrongful findings, win I-601 waivers, and secure the approvals when they once thought were out of reach. Your case is not hopeless and you don’t have to face this process alone. Email us at info@messersmithlaw.com or call us at 305-515-0613 Same-Day Consultations Available. Let us help you turn a 212(a)(6)(C)(i) setback into a success story of your own.