INA §212(a)(6)(C)(i): Misrepresentation in US Immigration FAQs and Solutions

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Being found inadmissible under INA §212(a)(6)(C)(i) is one of the most serious challenges in US immigration law. This section of the Immigration and Nationality Act applies when USCIS or the Department of State determines that a person willfully misrepresented a material fact in order to obtain a visa, green card, or other immigration benefit.

If you or a loved one has been accused of misrepresentation or fraud under INA 212(a)(6)(C)(i), it’s critical to understand what this law means and how to fight it. Below are the most common FAQs about this ground of inadmissibility.

What Is INA §212(a)(6)(C)(i)?

INA §212(a)(6)(C)(i) states that any person who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has procured) a visa, admission into the US, or any immigration benefit, is inadmissible for life. In short: If USCIS finds you lied or concealed important information, you may be permanently barred from getting a visa or green card.

What Counts as “Misrepresentation”?

Misrepresentation can include:

  • Falsifying information on Form DS-160, DS-260, or I-485
  • Using fake employment letters, bank records, or academic documents
  • Claiming a false marital status or family relationship
  • Failing to disclose prior visa denials, deportations, or immigration violations
  • Listing fraudulent employment (such as “Findream” or other fake OPT employers)
  • Misrepresenting intent at a visa interview (saying you’re visiting but actually planning to stay permanently)

What Is a “Material Fact”?

A fact is considered material if it would have influenced USCIS or a consular officer’s decision to grant or deny your visa or green card.

Example:

  • Forgetting to list a minor traffic ticket is usually not material.
  • Concealing prior unlawful presence or misrepresenting employment is material, and can trigger 212(a)(6)(C)(i).

Is 212(a)(6)(C)(i) a Lifetime Ban?

Yes. A finding of misrepresentation under this section creates a lifetime bar from entering the US or obtaining a green card. However, we have successfully helped many people overcome it through legal challenges or waivers.

How Can You Overcome INA 212(a)(6)(C)(i)?

Options may include:

  1. Challenge the Finding
    • If USCIS or the consulate made a mistake, we can argue that no misrepresentation occurred or that the fact was not material.
  2. I-601 Waiver of Inadmissibility
    • If you have a U.S. citizen or permanent resident spouse or parent, you may apply for a fraud/misrepresentation waiver by showing extreme hardship to your qualifying relative.
  3. I-601A Provisional Waiver (if unlawful presence also applies)
    • In some cases, you may need both a fraud waiver and unlawful presence waiver.
  4. Reopening or Appealing Your Case
    • If the finding was incorrect or based on weak evidence, we can fight it through motions, appeals, or rescission challenges.

What Are Common Examples of 212(a)(6)(C)(i) Cases?

  • OPT Fraud: A student listed fake companies (like Findream) as OPT employers. USCIS alleged misrepresentation, but with legal evidence, some applicants have kept their green cards.
  • Marriage Fraud Allegations: A green card holder accused of entering a sham marriage but later proved the relationship was bona fide.
  • Visa Application Errors: Applicants denied for failing to disclose prior overstays or visa denials.

Can I Still Get a Green Card With 212(a)(6)(C)(i)?

Yes, but only if you successfully fight the finding or obtain a waiver. Without legal help, most applicants will face denial or rescission of status.

Should I Hire a Lawyer for 212(a)(6)(C)(i) Issues?

Absolutely. This is one of the most complex and high-stakes areas of immigration law. An experienced attorney can:

  • Review your case to see if USCIS’s finding is valid.
  • Gather evidence to challenge the misrepresentation.
  • Prepare a hardship waiver application if needed.
  • Defend you in rescission or removal proceedings.

Your Path to Approval Starts with the Right Legal Team

Being accused of fraud or misrepresentation under INA 212(a)(6)(C)(i) is overwhelming, but it does not have to end your immigration journey. With the right legal strategy, evidence, and waiver applications, many people successfully keep or obtain their U.S. green card. If you’re facing a 212(a)(6)(C)(i) misrepresentation finding, contact us today at 305-515-0613 or email info@messersmithlaw.com. We have successfully fought these cases and helped clients preserve their lawful status in the US.

CBP Detention: What It Means and How to Get Legal Help Fast

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If your family member, friend, or colleague has been detained by US Customs and Border Protection (CBP) at the airport, border, or seaport, time is critical. CBP detention can lead to expedited removal, visa cancellation, or even long term immigration bans if handled incorrectly. We have helped hundreds of clients protect their immigration future. Below are the most frequently asked questions about CBP detention and how we can help.

What Is CBP Detention?

CBP detention occurs when CBP officers hold a traveler for questioning or secondary inspection upon entry into the United States. During detention, officers review your immigration history, visa validity, and intent of travel. Depending on what they find, you could be:

  • Released and admitted,
  • Refused entry, or
  • Placed in expedited removal proceedings.

Why Do Travelers Get Detained by CBP?

There are many reasons CBP may decide to detain someone, including:

  • Suspected misrepresentation or fraud under INA §212(a)(6)(C)(i)
  • Using the wrong visa type (for example, working on a tourist visa) INA §212(a)(7)(A)(i)(I)
  • Overstays or prior deportation orders INA §212(a)(9)(A),INA §212(a)(9)(B) INA §212(a)(9)(C)
  • Criminal history INA §212(a)(2)(A)(i)(I), INA §212(a)(2)(C)(i), INA §212(a)(2)(C)(ii),
  • Security concerns INA §212(a)(3)(A)(i), INA §212(a)(3)(A)(ii),INA §212(a)(3)(A)(iii), INA §212(a)(3)(B)
  • ESTA refusal or visa revocation 22 CFR § 41.122
  • Inconsistent answers during inspection INA §212(a)(6)(C)(i)
  • False claim to U.S. citizenship INA §212(a)(6)(C)(ii)
  • Alien smuggling INA §212(a)(6)(E)
  • Prostitution INA §212(a)(2)(D)(i)
  • Travel from high-risk or watchlisted countries INA §212(a)(3)(A)(i), INA §212(a)(3)(A)(ii),INA §212(a)(3)(A)(iii),INA §212(a)(3)(B)

Even minor misunderstandings can lead to CBP secondary inspection or detention, so it’s vital to have an experienced immigration lawyer prepare you before you travel or assist you immediately.

How Long Can CBP Detain a Traveler?

CBP detention can last from a few hours to several days, depending on the complexity of your case. If officers suspect a serious violation, they can:

  • Hold you for extended questioning,
  • Cancel your visa,
  • Issue an expedited removal order (Form I-860) Pursuant to section 235(b)(1) of the Immigration and Nationality Act (Act), (8 U.S.C. 1225(b)(1), or
  • Transfer you to ICE custody for longer detention.

What Are Your Rights in CBP Detention?

If you or your loved one is detained by CBP:

  • You have the right to remain silent if questions could lead to self incrimination.
  • You have the right to request an immigration attorney before signing anything.
  • Signing an expedited removal order without understanding it can result in a 5-year or lifetime ban from entering the US.
  • Contact us immediately at 305 515 0613 or email us at info@messersmithlaw.com

What Is Expedited Removal Under CBP Detention?

Under INA §235(b)(1), CBP can summarily deport individuals found to have committed misrepresentation or entered without valid documents.

This is called expedited removal, and it:

  • Does not require a hearing before an immigration judge,
  • Takes effect immediately, and
  • Carries a five-year reentry bar or longer.

With legal help, you may be able to stop expedited removal by proving lawful intent, correcting record errors, or requesting withdrawal of admission under counsel supervision.

How Can an Immigration Lawyer Help in a CBP Detention Case?

Our attorneys act fast to:

  • Locate your detained family member and speak with CBP or ICE directly.
  • Request for immediate release or deferred inspection.
  • Submit supporting documents to resolve discrepancies.
  • Prevent expedited removal or visa cancellation.
  • Arrange humanitarian parole in exceptional circumstances.

We have successfully helped clients detained at JFK, LAX, Miami, Atlanta, DFW, Chicago O’Hare, and U.S.-Mexico border crossings.

What Should I Do If My Family Member Is Detained by CBP?

  1. Stay calm. Do not argue or call CBP repeatedly.
  2. Gather key details: traveler’s full name, date of birth, nationality, flight number, and passport number.
  3. Contact us immediately at 305 515 0613.
  4. Avoid social media posts about the case.
  5. Do not attempt to contact CBP directly. Attorneys can communicate more effectively through official channels.

Can Green Card Holders Be Detained by CBP?

Yes. Even lawful permanent residents (LPRs) can face CBP detention if officers believe they:

  • Stayed outside the US too long (abandonment of residency),
  • Have a criminal record that may trigger INA §212(a)(2)(A)(i) and/or INA §212(a)(2)(C)(i), INA §212(a)(2)(C)(ii) inadmissibility,
  • National security concerns INA §212(a)(3)(A)(i), INA §212(a)(3)(A)(ii),INA §212(a)(3)(A)(iii), INA §212(a)(3)(B),
  • Made false statements on prior immigration forms INA §212(a)(6)(C)(i).
  • Membership in Totalitarian Party INA §212(a)(3)(D)

Our firm regularly helps green card holders fight rescission and preserve permanent resident status.

What Happens After CBP Detention?

After detention, the traveler may be:

  • Ordered to withdraw their application for admission, placed on the next flight home and visa canceled without prejudice,
  • Placed in expedited removal with 5 year ban,
  • Given deferred inspection,
  • Transferred to ICE custody for further review,
  • In the rare situation being admitted.

Legal representation can mean the difference between release and deportation.

We Can Help You or Your Loved One Out of CBP Detention

If someone you know has been detained by CBP, contact us immediately.

We will be able to:

  • Stop expedited removal,
  • Communicate with CBP and ICE,
  • Request immediate release, and
  • Protect your right to enter or remain in the US.

Call us now at 305-515-0613 or email info@messersmithlaw.com for 24/7 emergency assistance.
We handle CBP detention cases nationwide from airports to land borders and have helped countless families reunite and avoid deportation.

Sample EB-1 RFE Response Strategy: What USCIS Expects in 2025

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Receiving a Request for Evidence (RFE) on your EB-1 extraordinary ability green card petition can be stressful. While an RFE is not a denial, it is an opportunity to strengthen your case and address USCIS concerns. In 2025, USCIS continues to apply stricter review standards for EB-1 petitions. Knowing what officers expect and how to respond can make the difference between approval and denial. Below, we answer the most frequently asked questions (FAQs) about EB-1 RFE responses and share strategies that work in 2025.

What Is an EB-1 RFE?

An RFE is a notice from USCIS stating that your EB-1 green card petition lacks sufficient proof. Instead of denying your case, USCIS gives you the chance to submit additional documents or legal arguments.

Why Did I Get an EB-1 RFE?

Common reasons include:

  • Weak documentation of extraordinary ability criteria (media coverage, judging, original contributions).
  • Lack of evidence for a leading or critical role in your organization.
  • Questions about whether your work has national or international acclaim.
  • Inconsistencies with prior immigration filings or resumes.
  • Failure to satisfy the final merits determination standard.

What Does USCIS Expect in an EB-1 RFE Response in 2025?

In 2025, USCIS expects:

  • Clear, organized evidence addressing each concern raised.
  • Objective third party proof, such as media articles, industry statistics, or letters from independent experts.
  • Detailed recommendation letters showing how your work impacts the industry.
  • Legal arguments that connect your evidence directly to USCIS’s EB-1 criteria.
  • Evidence that demonstrates sustained national or international recognition, not just isolated achievements.

What Should a Strong EB-1 RFE Response Include?

A successful EB-1 RFE response should include:

  • Cover letter/brief outlining your legal arguments.
  • Organized exhibits (labeled and indexed for USCIS review).
  • New or stronger evidence of extraordinary ability.
  • Clarifications for any inconsistencies USCIS identified.
  • Extra criteria evidence to go beyond the minimum three, strengthening your case.

Can You Provide a Sample EB-1 RFE Response Strategy?

Yes while every case is different, here’s a sample strategy:

  1. Identify USCIS concerns (“USCIS states that your media coverage is insufficient”).
  2. Address each concern directly (submit additional independent media articles, circulation data, and expert commentary).
  3. Add supplemental evidence to strengthen weaker areas (for example, if “high salary” was questioned, add industry reports comparing your pay).
  4. Cite USCIS policy and case law to support why your evidence qualifies.
  5. Organize the response so officers can easily follow your arguments.

How Much Time Do I Have to Respond?

Typically, USCIS gives you 87 days to respond to an EB-1 RFE. Missing the deadline almost always results in denial.

Can I Win an EB-1 Case After an RFE?

Yes. Many applicants win EB-1 approvals after an RFE. In fact, some of the strongest cases come after USCIS challenges applicants to provide clearer, stronger evidence.

Should I Hire a Lawyer for My EB-1 RFE?

Yes. Responding to an RFE is often more complex than the original filing. We can:

  • Review the RFE and identify weaknesses.
  • Gather new, targeted evidence.
  • Draft persuasive legal arguments.
  • Organize your response for maximum impact.

Don’t Risk a Denial. Let Us Fight for Your Green Card

An EB-1 RFE in 2025 is not the end of the road. It’s an opportunity to rebuild and win your case. With the right response strategy, many applicants overcome RFEs and achieve EB-1 approval. If you’ve received an EB-1 RFE, don’t take chances. Contact us at 305-515-0613 or email info@messersmithlaw.com today. We have successfully responded to EB-1 RFEs and won approvals for clients worldwide.

How to Qualify for the EB-1A Green Card Without Awards or Publications

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Many professionals mistakenly believe the EB-1A extraordinary ability green card is only for Nobel Prize winners, Olympic athletes, or academics with dozens of publications. The truth is, you can qualify for EB-1A without awards or publications if you strategically present your achievements under USCIS’s criteria.

Below, we answer the most frequently asked questions (FAQs) about how to win an EB-1A green card without relying on prizes or scholarly articles.

Do You Need Awards or Publications for EB-1A?

No. Awards and publications are just two of the ten evidentiary criteria USCIS lists for EB-1A eligibility. You only need to prove at least three criteria plus show that your achievements demonstrate extraordinary ability and sustained national or international acclaim.

What Are the EB-1A Criteria I Can Use Instead?

Here are strong alternatives if you don’t have awards or publications:

  • Judging the Work of Others (peer review, conference panel, competition judge)
  • Membership in Elite Associations (where admission is based on achievements, not just fees)
  • Original Contributions of Major Significance (products, innovations, patents, or methods widely adopted in your field)
  • Leading or Critical Role in a distinguished organization (executive, director, founder, team lead)
  • High Salary or Compensation compared to others in your field
  • Media Coverage and Press Recognition about your work
  • Commercial Success (adoption of your product, app, business, or artistic work in the marketplace)

Who Has Qualified for EB-1A Without Awards or Publications?

  • Tech Executive: Approved by showing leadership in launching global products, high compensation, and critical role in a Fortune 500 company.
  • Entrepreneur: Won EB-1A by proving original business contributions, strong media features, and industry adoption of her product.
  • Athlete: Lacked international awards but succeeded with evidence of competition results, press recognition, and judging roles.

Is It Harder to Qualify for EB-1A Without Awards or Publications?

Not necessarily. While awards and publications are strong evidence, many professionals qualify using alternative criteria. What matters most is how your achievements are presented and documented.

What If I Only Meet Two EB-1A Criteria?

Unfortunately, meeting only two is not enough. However, many applicants overlook evidence that could satisfy other criteria. We can help identify qualifying evidence in your career that you may not realize counts under USCIS standards or help you build a stronger case to meet EB-1A criteria.

How Important Is the Final Merits Determination?

Even if you meet three or more criteria, USCIS will apply a final merits determination. This means they will evaluate whether your overall career shows extraordinary ability and sustained acclaim. A strong legal argument is essential here.

Do I Need a Lawyer for an EB-1A Without Awards or Publications?

Yes, it is highly recommended. Without obvious evidence like awards or publications, your petition must rely on a strategic presentation of alternative criteria. An immigration attorney can:

  • Analyze your career to identify qualifying evidence.
  • Help you build a strong EB-1A case.
  • Draft persuasive legal arguments tying your work to “extraordinary ability.”
  • Anticipate USCIS objections and address them upfront.
  • Maximize your chances of approval even without traditional credentials.

Your Path to Approval Starts with the Right Legal Team

You do not need awards or academic publications to win an EB-1A green card. Many executives, entrepreneurs, athletes, and professionals succeed by demonstrating leadership roles, high salaries, original contributions, and recognition in their industries.

If you’re considering an EB-1A but worried about lacking publications or awards, don’t let that stop you. Contact us today at 305-515-0613 or email info@messersmithlaw.com. We have helped clients without traditional credentials successfully secure approval and we can help you too.

I-485 Notice of Intent to Deny (NOID): What It Means and How to Respond

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Filing Form I-485, Application to Register Permanent Residence or Adjust Status, is one of the most important steps toward getting a US green card. But sometimes, instead of an approval, applicants receive a Notice of Intent to Deny (NOID). If you received an I-485 NOID, don’t panic. It’s not a denial yet, but it does mean USCIS has found serious issues with your case. Responding properly can make the difference between approval and denial.

Below are the most frequently asked questions about the I-485 NOID and how to handle it.

What Is an I-485 NOID?

An I-485 Notice of Intent to Deny is a letter from USCIS informing you that they plan to deny your green card application unless you can provide new evidence or legal arguments within a short timeframe (usually 30 days). Unlike a Request for Evidence (RFE), which means USCIS needs more information, a NOID means USCIS believes your case is not approvable as it stands.

Why Did I Receive a NOID on My I-485?

Common reasons for an I-485 NOID include:

  • Alleged marriage fraud or insufficient proof of a bona fide marriage (for marriage-based green cards).
  • Inadmissibility under INA §212, such as misrepresentation (212(a)(6)(C)(i)), unlawful presence (212(a)(9)(B)), or criminal grounds.
  • Employment history or status violations, especially if you overstayed or worked without authorization.
  • Public charge concerns, if USCIS believes you cannot support yourself financially.
  • Discrepancies or misrepresentation in your application or prior immigration filings.

How Serious Is an I-485 NOID?

Very serious. A NOID means USCIS is preparing to deny your green card application. If you do not respond or if your response is weak your case will almost certainly be denied, and you may even be placed into removal proceedings.

How Long Do I Have to Respond?

Typically, USCIS gives you 30 days from the date of the NOID to respond. This is a strict deadline. If you miss it, your I-485 will likely be denied automatically.

What Should I Include in My Response?

A strong NOID response should include:

  • Legal arguments citing immigration law, USCIS policy, and case precedents.
  • Supporting documents.
  • Explanations for discrepancies in your history or filings.
  • Mitigating evidence if inadmissibility grounds apply.

Can I Win My Case After a NOID?

Yes. We assisted many applicants successfully overcome a NOID with the right legal strategy. In fact, some of our clients received approvals after we prepared comprehensive responses with evidence USCIS could not ignore.

Should I Hire a Lawyer for an I-485 NOID?

Absolutely. An I-485 NOID is one of the last opportunities to save your green card application. Immigration law is complex, and a poorly prepared response can close the door on your case. As an experienced immigration law firm, we can:

  • Review USCIS’s allegations carefully.
  • Identify weaknesses in their reasoning.
  • Collect and organize persuasive evidence.
  • Draft a legal brief tailored to your situation.
  • Ensure your response is timely and complete.

Don’t Risk a Denial. Let Us Fight for Your Green Card

An I-485 Notice of Intent to Deny is not the end but it’s your final chance to save your green card application. If you’ve received a NOID, time is critical. Contact our office immediately at 305-515-0613 or email info@messersmithlaw.com to schedule a consultation. We have successfully helped clients overcome NOIDs and secure their green cards, and we can help you too.

EB-5 Visa: How Investors Can Get a US Green Card Through the EB-5 Program

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The EB-5 Immigrant Investor Program is one of the fastest and most reliable ways to obtain a US green card for yourself and your family. By investing in the American economy and creating jobs, foreign investors can secure permanent residency and a path to US citizenship.

If you are considering the EB-5 program, here’s everything you need to know about EB-5 eligibility, investment requirements, processing, and how an EB-5 immigration lawyer can help you succeed.

What Is the EB-5 Visa Program?

The EB-5 visa was created by Congress in 1990 to stimulate the US economy through job creation and capital investment. It allows foreign nationals to invest in a qualifying US business or regional center project and, in return, receive lawful permanent resident status (a green card) for themselves, their spouse, and unmarried children under 21.

EB-5 Visa Requirements

To qualify for the EB-5 visa, you must meet specific requirements:

  • Investment Amount: $900,000 if the project is in a Targeted Employment Area (TEA), or $1,800,000 for non-TEA projects.
  • Job Creation: The investment must create at least 10 full time jobs for US workers.
  • Lawful Source of Funds: You must prove that your investment capital comes from legal sources such as salary, business profits, property sales, or inheritance.
  • At Risk Investment: Your funds must be “at risk” for the purpose of generating return and creating jobs.

EB-5 Visa Benefits

Choosing the EB-5 program has many advantages:

  • Green card for your whole family (spouse + children under 21).
  • No employer sponsorship required.
  • Live, work, or retire anywhere in the US.
  • Path to US citizenship after 5 years of permanent residency.
  • Education opportunities – Children can attend US schools and universities at resident tuition rates.

EB-5 Process Step by Step

  1. Select an EB-5 Project – Either invest directly or through a USCIS approved regional center.
  2. File Form I-526E – The EB-5 investor petition with USCIS.
  3. Conditional Green Card – If approved, you and your family receive 2-year conditional permanent residency.
  4. File Form I-829 – To remove conditions after proving job creation.
  5. Permanent Green Card – Once conditions are removed, you hold permanent resident status.

Common Challenges in EB-5 Cases

While the EB-5 program is attractive, many investors face challenges, including:

  • Proving lawful source of funds across international transfers.
  • USCIS Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs).
  • Delays due to visa retrogression (especially for China and India).
  • Complicated project structures with unclear job creation data.

This is why working with an experienced EB-5 immigration lawyer is critical to success.

How an EB-5 Immigration Lawyer Can Help

Our EB-5 attorneys guide investors through every stage:

  • Evaluating eligibility and investment options.
  • Preparing a strong source of funds report.
  • Filing Form I-526E and Form I-829 with complete documentation.
  • Responding to USCIS RFEs, NOIDs, or audits.
  • Protecting your family’s green card throughout the process.

Take Action Now to Secure Your Immigration Future

If you wish to pursue an EB-5 green card, contact us today at 305-515-0613 or email info@messersmithlaw.com for a confidential consultation. We will help you understand your options and take the right steps to secure your future in the United States.

Refused Entry for ESTA Travelers: What It Means and How to Avoid It

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Many international visitors use the Electronic System for Travel Authorization (ESTA) to enter the United States under the Visa Waiver Program (VWP). While ESTA offers a quick and convenient way to travel, it does not guarantee entry. Every year, some travelers with an approved ESTA are refused entry at the US border.

If this happens to you, it’s stressful and confusing. But understanding why ESTA travelers are denied entry and what to do next can help protect your ability to travel to the US in the future.

Can You Be Refused Entry With an Approved ESTA?

Yes. Even if your ESTA is approved, US Customs and Border Protection (CBP) officers have the authority to deny you entry at the port of entry. ESTA only gives you permission to board a plane or ship, the final decision happens when you arrive in the United States.

Common Reasons ESTA Travelers Are Refused Entry

Travelers using ESTA may be refused entry for many reasons, including:

  • Suspicion of immigrant intent – If a CBP officer believes you intend to stay permanently rather than return home. (Often linked to INA §212(a)(7)(A)(i)(I) and INA §212(a)(7)(A)(i)(II): not possessing proper immigrant documentation.)
  • Inconsistent answers during inspection – Giving contradictory or unclear information during questioning can raise red flags which often led to misrepresentation INA §212(a)(6)(C)(i).
  • Previous visa denial or overstays – Past violations may make you inadmissible under INA §212(a)(9)(B) for unlawful presence or INA §212(a)(6)(C)(i) for misrepresentation.
  • Criminal history or prior immigration violations – Certain convictions or immigration fraud can lead to inadmissibility under INA §212(a)(2)(A)(i)(I), INA §212(a)(2)(C)(i) and INA §212(a)(2)(C)(ii), INA §212(a)(6)(E), and INA §212(a)(9)(C).
  • Wrong type of travel – Attempting to work, study, or reside long term on ESTA is not permitted. CBP may cite INA §212(a)(7)(B)(i)(I) and INA §212(a)(7)(B)(i)(II) for not having the correct visa.
  • Security concerns flagged – Travelers flagged in government databases may be denied under INA §212(a)(3)(A)(i), INA §212(a)(3)(A)(ii), INA §212(a)(3)(A)(iii) and INA §212(a)(3)(B) (security and related grounds).

What Happens If You’re Denied Entry on ESTA?

If you are refused entry:

  • You may be questioned extensively by CBP.
  • You may be put on the next flight back to your country of origin.
  • The refusal may be recorded in your immigration history, impacting future travel.
  • In some cases, you may face expedited removal INA §235(b)(1)(A)(i) and be given a form I-860, which carries a 5-year bar from reentry.

How to Avoid ESTA Refusal at the Border

  1. Know the limits of ESTA – ESTA is only for short term tourism, business meetings, or transit.
  2. Be truthful – Hiding any information or provide false information can all lead to ESTA refusal and misrepresentation INA §212(a)(6)(C)(i) determination
  3. Consider a visa – If you’ve had prior issues, we can assist you in applying for an appropriate visa such as a B-1/B-2 visitor visa to give you the best chance for approval.

What to Do After ESTA Refusal

  • If you were refused entry on ESTA, the next steps are critical. A refusal can affect not only your ability to travel under the Visa Waiver Program but also your future US visa applications. Here’s what you should do:
  • Don’t try to reapply for ESTA right away – In most cases, once you’ve been refused entry, future ESTA applications will be denied.
  • Understand your record – An ESTA refusal may be logged as an expedited removal under INA §235(b)(1), which can create a 5-year or longer reentry bar.
  • Call us at 305 515 0613 immediately – We can analyze the reason for your refusal and determine the best way forward.
  • Prepare for the next step – Many travelers must switch from ESTA to applying for a B-1/B-2 visitor visa with strong documentation to prove eligibility.
  • Every case is different. Acting without legal guidance can make things worse.

FAQs About ESTA Refusal

1. Does ESTA refusal mean I’m banned from the US?
Not always. It depends on whether you were refused entry informally or removed under expedited removal.

2. Can I reapply for ESTA after being refused entry?
In most cases, once you’re refused entry, future ESTA applications are denied. You will likely need to apply for a visa instead.

3. Do I need a lawyer if I was refused entry on ESTA?
Yes. We can review your case, help you understand the reason for refusal, and guide you on future visa applications.

Take Action Now to Protect Your Immigration Future

Being refused entry on ESTA can be upsetting, but it doesn’t always mean you can never visit the United States again. With the right strategy, whether applying for a visitor visa, gathering stronger documentation, or working with us, you can still protect your ability to travel.

If you were refused entry on ESTA, don’t take risks with your future travel. Contact us today at 305-515-0613 or email info@messersmithlaw.com for a confidential consultation. We will help you understand your options and take the right steps to restore your ability to travel to the United States.

EB-5 Investor Visa Lawyers: How to Choose the Right Attorney for Your Green Card

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The EB-5 Immigrant Investor Program is one of the fastest paths to a U.S. green card, but it’s also one of the most complex. With an investment of $900,000 or $1,800,000 (depending on project location), EB-5 investors and their families can secure permanent residency in the United States.

However, the process involves strict legal, financial, and immigration requirements. That’s why choosing the right EB-5 immigration lawyer is critical to your success.

Why EB-5 Investors Need an Immigration Lawyer

While the EB-5 program offers incredible opportunities, it also comes with challenges and risks:

  • Complex USCIS filing requirements (Form I-526E, I-829).
  • Source of funds documentation, including international banking, tax returns, and money transfers.
  • Selecting a safe and USCIS-compliant EB-5 regional center or project.
  • Risk of visa retrogression and delays depending on your country of birth.
  • Responding to RFEs, NOIDs, or audits from USCIS.

A skilled EB-5 attorney ensures compliance, reduces risks, and helps protect your investment while guiding you to approval.

How We Help Investors

We represent high net worth individuals, entrepreneurs, and families worldwide in navigating the EB-5 program. Here’s how we assist:

  • Case evaluation – We review your goals, country of chargeability, and investment timeline.
  • Source of funds strategy – Preparing detailed documentation.
  • Strong USCIS filings – Drafting and filing Form I-526E and later Form I-829 with clear evidence.
  • Family immigration – Ensuring your spouse and children are included in your EB-5 case.
  • Personalized support – Every investor’s situation is different. Avoid “cookie-cutter” filings.
  • Regional center and project guidance – While lawyers cannot recommend investments, they can help you assess compliance and immigration risks.
  • Transparent legal fees – EB-5 cases require extensive work; make sure you know the costs upfront.

What About President Trump’s New “Gold Card”

Recently, President Trump has floated the idea of a Gold Card, a proposal to create a special immigration benefit for wealthy individuals that would allow them permanent residency or even citizenship in exchange for investment. While the concept has garnered media attention and excited some would be investors, it remains entirely hypothetical. No such “Gold Card” program exists in US immigration law, no draft legislation has been passed, and no regulatory framework is in place. Until Congress enacts clear authority and USCIS issues implementing rules, the EB-5 program remains the only reliable investment based path to a US green card.

FAQs About EB-5 Investor Visa Lawyers

1. Do I need a lawyer to file an EB-5 petition?
While it’s not legally required, EB-5 petitions are extremely complex. A mistake can cost you your investment and your green card.

2. Can my family get green cards through my EB-5 investment?
Yes. Your spouse and unmarried children under 21 can be included in your petition.

3. How long does EB-5 take?
Processing times vary. On average, I-526E petitions take 12–24 months, though it depends on your country of chargeability.

Conclusion: Protect Your Investment with the Right EB-5 Lawyer

The EB-5 investor green card is one of the best ways to achieve permanent residency in the US, but only if your case is handled correctly. With millions of dollars on the line, you can’t afford mistakes. If you are considering the EB-5 program, call us today at 305-515-0613 or email info@messersmithlaw.com to schedule a consultation.

J-1 IGA Waiver for Fulbright Scholars: 2025 Guide

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Many Fulbright Scholars in the US enter on a J-1 exchange visitor visa. While the Fulbright program provides incredible opportunities, it also triggers the two year home residency requirement under INA §212(e). This rule requires you to return to your home country for two years before applying for a green card, H-1B, or L visa unless you obtain a J-1 waiver.

For Fulbright participants, the J-1 waiver process is especially complex because the Fulbright program is jointly managed by the US Department of State and foreign governments. This is where the IGA Waiver (Interested Government Agency waiver) comes into play.

What Is an IGA Waiver?

An Interested Government Agency (IGA) waiver allows a US federal agency to request a waiver of the two-year home residency requirement if your continued presence in the US is deemed to be in the national interest. The IGA waiver can be the strongest and most viable strategy to remain in the US after your Fulbright ends.

Who Qualifies for an IGA Waiver as a Fulbright Scholar?

You may qualify for an IGA waiver if:

  • A US government agency has a significant interest in your research or work.
  • Your continued work in the US is considered vital to national projects, scientific progress, or public health.
  • You can demonstrate extraordinary ability or unique expertise that the U.S. needs.

How the IGA Waiver Process Works

  1. Identify a sponsoring US agency (such as NIH, USDA, DOE, or another agency connected to your field).
  2. Prepare a strong waiver package that highlights your research, contributions, and why your work benefits US interests.
  3. We submit the waiver package to the agency and the agency submits a request directly to the Department of State’s Waiver Review Division.
  4. If recommended, USCIS will make the final waiver decision.

Common Challenges for Fulbright J-1 IGA Waivers

  • Securing agency sponsorship – Not every agency is willing to support a waiver.
  • Timing – Agencies may take months to review requests, while Fulbright terms are time limited.
  • Documentation – Weak or generic statements often result in rejection.

Our team works closely with scholars to identify the right government agency, draft compelling support letters, and build a legal argument tailored to the agency’s mission and USCIS standards.

J-1 IGA Waiver Success Stories for Fulbright Scholars

  • A Fulbright medical researcher working on infectious diseases won an NIH sponsored waiver when we demonstrated her ongoing research directly supported US public health priorities.
  • A Fulbright scholar in engineering received a waiver after we highlighted his unique role in a Department of Energy project, showing that sending him home would harm US innovation efforts.
  • A Fulbright data scientist specializing in climate modeling obtained an IGA waiver sponsored by the National Science Foundation (NSF) after we demonstrated that his ongoing research on predictive climate analytics and extreme weather forecasting was essential to several NSF-funded initiatives addressing U.S. environmental resilience and disaster preparedness.

FAQs About Fulbright J-1 IGA Waivers

1. Can Fulbright scholars apply for a No Objection waiver?
Yes, but it is very challenging and not the best option if an IGA pathway is available.

2. How long does an IGA waiver take?
The process can take 6–12 months, depending on the agency.

3. Can I apply for a green card after my IGA waiver?
Yes. Once the waiver is approved, you may pursue permanent residency through EB-1, NIW, marriage based, or employer sponsored petitions.

4. Which agencies sponsor waivers most often?
Agencies like NIH, USDA, DOE, and HHS are common sponsors, but eligibility depends on your field of work.

Your Path to Approval Starts with the Right Legal Team

A J-1 IGA Waiver is a viable path for Fulbright scholars who wish to stay in the US long term unless you’re qualified for a J1 hardship waiver. It requires strategy, strong documentation, and the ability to persuade a federal agency that your work is vital to US national interests.

Call us today at 305-515-0613 or email info@messersmithlaw.com to schedule a consultation. We’ll help you secure a J1 waiver.

How to Succeed in Your U.S. Immigration Journey: RFEs, NOIDs, NOIRs, Denials, and Success Stories

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Immigrating to the United States is a dream for millions, but the process is often filled with challenges like Requests for Evidence (RFE), Notices of Intent to Deny (NOID), Notices of Intent to Revoke (NOIR), and even petition denials. If you’ve received one of these, don’t panic. There are proven ways to respond, appeal, and still succeed. In this article, we’ll break down what each notice means, how to respond effectively, and share real immigration success stories that inspire hope.

What Is an RFE in US Immigration?

An RFE is issued by USCIS when they need more information before making a decision. This doesn’t mean your case is weak. It simply means USCIS wants clarification or additional proof.

Common reasons for RFEs include:

  • Missing documents (birth certificates, translations, or work experience letters)
  • Lack of evidence of extraordinary ability in EB-1A or NIW petitions
  • Incomplete financial records in marriage based or business visas

Always respond before the deadline with strong, well organized evidence. A powerful legal argument plus clear documentation can turn an RFE into an approval.

What Is a NOID and Why Is It Serious?

A NOID means USCIS has reviewed your application and plans to deny it unless you can overcome their concerns.

Common NOID triggers include:

  • USCIS doubts the authenticity of employment history (common in H-1B, EB-1, or OPT fraud related cases)
  • Insufficient evidence of eligibility (not proving “extraordinary ability” or “national interest”)
  • Questions about good faith marriage in family petitions

A NOID requires a strategic, evidence heavy response. We have successfully helped many applicants win approval after submitting expert legal briefs with citations to USCIS policy and federal court cases.

What Is a NOIR and How Does It Differ?

A NOIR is issued after a petition has already been approved, but USCIS has found new information suggesting the approval may have been made in error. This often happens in employment based cases or marriage based petitions.

Reasons for a NOIR may include:

  • Fraud or misrepresentation discovered after approval
  • A petitioner withdrawing support or no longer qualifying
  • A site visit or compliance check revealing discrepancies

NOIRs are very serious because they can undo an approval you’ve already received. However, you still have the opportunity to respond with documentation and legal arguments to preserve your status.

Immigration Denials: What Are Your Options?

If USCIS denies your case, it’s not always the end. Depending on the type of petition, you may be able to:

  • File an appeal with the Administrative Appeals Office (AAO)
  • Submit a Motion to Reopen or Reconsider (MTR)
  • Re-file with stronger evidence

Many denials happen because applicants try to file without legal help, use weak templates, or don’t understand what USCIS is really looking for.

NIW, EB-1A & Other Success Stories

One of the most searched immigration topics today is “NIW success stories” and “EB-1A approval examples.”

Real examples include:

  • A scientist with just 20 publications but strong citation metrics and powerful recommendation letters received an RFE on his EB-1A petition. With our guidance, we built a compelling response that convinced USCIS and secured his approval.
  • A software engineer leading global teams had his EB-1A denied after filing on his own. We took his case on appeal, presented clear evidence of his critical role and industry wide impact, and successfully won the approval.
  • A healthcare researcher received a NOID on a National Interest Waiver petition. By demonstrating the far reaching significance of their contributions to public health policy, we overcame the challenge and achieved approval.
  • A family based petition was issued a NOIR. The clients turned to us, and we assembled robust evidence proving the good faith nature of the marriage, resulting in a successful outcome.

These stories show that even if your case seems weak, the right strategy can turn it around.

How to Respond to an RFE, NOID, NOIR, or Denial

Receiving an RFE, NOID, NOIR, or denial can feel overwhelming, but it’s also an opportunity to strengthen your case. The key is knowing how to respond strategically. The response requires a carefully crafted legal argument backed by solid evidence.

At our firm, we don’t just send documents. We:

  1. Analyze the USCIS concerns in detail and identifying exactly what is missing or misunderstood.
  2. Gather targeted evidence such as expert letters, publications, financial records, or compliance proof, tailored to USCIS’s objections.
  3. Build a legal strategy citing regulations, USCIS policy, and federal case law to directly address the government’s issues.
  4. Organize everything professionally presenting the response in a clear, compelling format that makes it easy for an officer to approve.

Many denials and revocations happen because applicants respond with generic documents or without understanding the law. USCIS is looking for precise, persuasive answers not volume.

We have helped clients turn RFEs into approvals, overcome NOIDs, defeat NOIRs, and even reverse denials on appeal. By combining legal expertise with deep knowledge of immigration policy, we maximize your chance of success.

Don’t Give Up on Your Immigration Dream

Every year, thousands of applicants face RFEs, NOIDs, NOIRs, and denials but many still succeed with the right approach. Whether you are applying for an H-1B, NIW, EB-1A, marriage green card, or waiver, remember: immigration is a process, not a one shot attempt.

An RFE, NOID, NOIR, or denial doesn’t have to be the end of your immigration journey. With the right strategy, many cases can be turned around and we’ve done it for scientists, engineers, researchers, and families just like yours. Our team knows how to analyze USCIS’s concerns, gather powerful evidence, and craft the legal arguments that win.

Don’t leave your future to chance and let us fight for your approval. If you’ve received an RFE, NOID, NOIR, or denial or want to improve your chances of approval on the first try, don’t risk your future by going it alone. Contact us today at 305-515-0613 or email info@messersmithlaw.com . Let us fight to protect your immigration future and help you secure your green card. and let’s turn this challenge into your approval.