H1B RFE Received Due to INA 212(a)(6)(C)(i)
Foreign nationals may be inadmissible if he or she made a false representation in order to obtain an immigration benefit. Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.
We take pride in our track record of helping foreign nationals and their US employers overcome difficult RFEs issued by USCIS, especially in cases where problems related to INA 212(a)(6)(C)(i) are involved.
In a recent case, a client approached us in a state of panic after receiving an RFE for his H1B petition. His application had been submitted by his company’s lawyer who was not able to properly explain our client’s previous involvement with AZTech. During his Optional Practical Training (OPT), the client had paid for training with AZTech, only to later discover that the company was fraudulent. Although he left the company as soon as he discovered the company was fake, USCIS brought up the issues several years later in his H1B petition.
USCIS believed our client had committed fraud due to his association with AZTech during his OPT. This not only raised questions about potential misrepresentation under INA 212(a)(6)(C)(i), but also put the legitimacy of his F1 student visa status into question, stating that they may classify his stay as unlawful.
Facing such complicated inadmissibility issues, the client wisely chose to retain our services. Our team meticulously prepared a comprehensive legal argument to accompany his RFE response. The outcome? USCIS concurred with our position, approved the H1B petition, and issued an I-94 to our client.
This is just one of many success stories that illustrate our expertise and commitment to securing positive results for our clients. If you’re facing similar immigration challenges, don’t hesitate to reach out to us. Contact our office and we’ll work together to reach a favorable outcome in your case.
In: H-1B Visa, INA § 212(a)(6)(C)(i) · Tagged with: H-1B Visa, INA § 212(a)(6)(C)(i)