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.

USCIS Request for More Evidence (RFE): What It Means & How to Respond Successfully

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Receiving a Request for More Evidence (RFE) from USCIS can feel stressful but it doesn’t mean your case will be denied. In fact, many petitions are approved after an RFE, if the response is strategic, complete, and legally persuasive.

Many people retained our legal services after they first filed on their own or through another attorney. At Messersmith Law Firm, we regularly help clients overcome RFEs across EB-1A, NIW, marriage-based green cards, H-1B, I-129, I-539, I-485, I-601, I-612 waivers, and more.

What Is a Request for More Evidence (RFE)?

An RFE means USCIS needs additional proof before they can approve your application. It is not a denial but it must be taken seriously. Your response needs to directly address every issue raised and provide clear documentation to overcome USCIS’s concerns.

Common Reasons USCIS Issues RFEs

RFEs are commonly triggered by:

RFE ReasonSample USCIS Concern
Insufficient evidenceMissing financial, employment, or identity records
Inconsistent informationDiscrepancies across forms, I-94, prior visas
Weak proof of eligibilityNot enough to meet EB-1A or NIW standards
Marriage authenticity doubtsUSCIS questions bona fide relationship
Status or intent issuesDoubts about lawful status or nonimmigrant intent

How to Respond to an RFE Successfully

To win your case, your RFE response should include: 1. A well-organized cover letter 2. Stronger evidence & supporting documents 3. Legal argumentation 4.On time submission

RFEs often require more than documents. A strong legal argument with legal reasoning can make the difference between approval and denial. Most RFEs allow 87 days to respond. If you miss the deadline, USCIS will deny your case automatically.

Real Success Stories. Clients Who Came to Us After RFEs

EB-1A Musician — Approved After Weak Initial Filing
A professional pianist filed his EB-1A and received an RFE questioning “major significance” and other criteria his lawyer presented. We secured EB-1A approval in 3 days.

Marriage-Based Green Card — Relationship Questioned
USCIS doubted the marriage was genuine and cited INA 212(a)(6)(C)(i) and marriage fraud. We submitted proof of bona fide relationship and a strong legal argument. NOID withdrawn and green card approved.

B-2 to F-1 Change of Status — Approved after Providing Strong Evidence
A student from South Korea received an RFE claiming lack of financial support. We provided strong evidence and I-539 approved and F-1 status was granted.

Get Legal Help With Your RFE. Before It’s Too Late

An RFE is your last chance to strengthen your immigration case. A weak or incomplete response can result in denial, unlawful presence, or visa refusal. Let us help you respond strategically and professionally the way USCIS expects.

Email us at info@messersmithlaw.com or call us at 305-515-0613 Same-Day Consultations Available

Advance Parole Denied Entry: What It Means & How to Protect Your Case

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Being denied entry at the US border while traveling on Advance Parole (Form I-512) can be frightening, especially when you believed you were authorized to return. Unfortunately, Advance Parole is not a guarantee of admission, and US Customs and Border Protection (CBP) can still refuse entry based on immigration history, past violations, or security concerns.

If your Advance Parole was denied at the airport, you still may have legal options to return or salvage your pending green card application.

Why Advance Parole Doesn’t Guarantee Reentry

Many applicants believe Advance Parole is equivalent to a visa or admission document but it is only permission to request entry, not a right to enter. CBP can deny Advance Parole entry for many reasons.

Common Reasons for Advance Parole Denials

  • Past immigration violations or unlawful presence
  • Old visa overstays or removal/deportation orders
  • INA §212(a)(6)(C)(i) misrepresentation findings on record
  • Criminal history or criminal allegations
  • Previous visa fraud or unauthorized employment
  • “Security concerns” or database/name matches
  • Pending investigations or unresolved USCIS issues

What Happens If Advance Parole Entry Is Denied?

If CBP refuses entry:

  • You may be placed in secondary inspection
  • You may be detained or issued expedited removal
  • You could be told to withdraw your application for admission
  • Your I-485 Adjustment of Status may be considered abandoned

However in many cases, these decisions can be challenged.

Real Success Story: Advance Parole Denied / Green Card Saved

A Venezuelan applicant with a pending I-485 traveled on Advance Parole and was denied entry at Miami Airport after CBP cited a past overstay. She was told her green card application was abandoned. She contacted our firm immediately. We helped her reenter the US and filed legal arguments challenging the abandonment. Her Adjustment of Status was reinstated and she received her green card four months later.

Get Immediate Legal Help After Advance Parole Denial

Many clients come to us after attempting to travel on Advance Parole with previous overstays or minor violations. We’ve helped them restore eligibility, challenge wrongful determinations, and protect their green card applications.

Email us at info@messersmithlaw.com or call 305-515-0613 — Same Day Consultation Available
The Messersmith Law Firm. Experience in Overturning CBP Denials & Advance Parole Cases Nationwide

Abu Dhabi Preclearance: What US Bound Travelers Need to Know

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What Is Abu Dhabi CBP Preclearance?

The US Customs and Border Protection (CBP) Preclearance facility in Abu Dhabi allows travelers flying from the UAE to complete US immigration, customs, and agriculture inspections before departing instead of after landing in America. This means when you arrive in the US, you are treated as a domestic arrival, saving time and avoiding long immigration lines.

But preclearance is more than just convenience, it also means US immigration laws apply at the airport in Abu Dhabi, including questioning, admissibility checks, and even expedited removal under INA §235(b)(1) if CBP believes you are inadmissible. Understanding this process is critical especially for ESTA travelers, F-1 students, H-1B workers, and visa holders entering the US for the first time.

Visas & Entry Types Processed:

ESTA (Visa Waiver Program)
B1/B2 visitors
F-1 students (with SEVIS records)
H-1B / L-1 / O-1 workers
Permanent residents
U.S. citizens

Why Preclearance Matters for Immigration

Although helpful, preclearance is still a US border checkpoint. That means:

CBP can question your intent to enter the US;
Officers can check your travel history, immigration records, employment, or school status;
Expedited removal, refusal of entry, or ESTA cancellation can happen right at Abu Dhabi; and
Once denied, you cannot board the flight to the US.

ESTA travelers are especially vulnerable, as they have limited appeal rights and may need a 212(d)(3) waiver or visa application later if denied.

Common Reasons for Problems at Abu Dhabi Preclearance

Travelers may be flagged or denied boarding for:

Possible Refusal ReasonsPossible Consequences
Suspected immigrant intentESTA cancellation / denial of entry
Old overstays / visa violationsExpedited removal / 5-year bar
Working on ESTA or B2 visaINA §212(a)(7) or §212(a)(6)(C)(i)
Name match / security flagSecurity Advisory Opinion (SAO)
Weak F-1 or H-1B documentationSecondary inspection & delay

Real Success Stories (Abu Dhabi Preclearance Cases)

Case 1: ESTA Remained Valid
A traveler from France was questioned at Abu Dhabi Preclearance for suspected intent to work in the US. We prepared documents proving otherwise. CBP permitted travel and ESTA remained valid.

Case 2: Expedited Removal Overturned and Obtained F-1 Student Visa
An Indian student was flagged for working for Findream during OPT period and was expedited removed from the US and barred for 5 years after secondary inspection. CBP cited alleged misrepresentation INA 212(a)(6)(C)(i) and was issued INA §235(b)(1) expedited removal pursuant INA 212(a)(7)(A)(i)(I). We had removal order successfully vacated and obtained F1 visa for the client.

Case 2: Expedited Removal Vacated After Technician Questioned
A UK IT specialist traveling on ESTA was stopped for having technical tools in his luggage. CBP suspected work intent and issued INA §235(b)(1) expedited removal. We petitioned CBP, submitted proof of tourism purpose, and successfully removed the removal order, restoring his eligibility to travel.

Case 4: Name Match / Security Flag Cleared B1/2 Visa Approved
An Iranian traveler was held at Abu Dhabi Preclearance because his name matched someone in a security database. His visa was denied and CBP advised a new visa. We worked with CBP and other government agencies and cleared his name and helped him obtain a B1/2 tourist visa.

Need Legal Help Before or After Preclearance?

If you were denied entry, questioned, or issued a removal order at Abu Dhabi Preclearance, we can help protect your travel rights and restore eligibility to enter the U.S.

Email us at info@messersmithlaw.com or call 305-515-0613
Same-Day Consultations Available

We help with:
ESTA Denials & Visa Refusals
212(d)(3) Waivers
Expedited Removal Appeals
Visa Entry Problems
CBP Inadmissibility Challenges

8 CFR 217.4(a)(1): Understanding the Visa Waiver Program (VWP) Ineligibility Rule

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8 CFR 217.4(a)(1) is a critical regulation for travelers who want to enter the United States under the Visa Waiver Program (VWP) using ESTA. Many travelers discover often too late that they are not eligible for ESTA because of this rule. The regulation empowers US Customs and Border Protection (CBP) and the Department of Homeland Security (DHS) to deny VWP entry to anyone who does not satisfy the statutory requirements under INA §217.

Eligibility Standards Under 8 CFR 217.4(a)(1)

A traveler may be ruled ineligible under 8 CFR 217.4(a)(1) if any of the following apply:

1. Prior Visa Denial or Immigration Violation

  • Overstaying a previous visit
  • Prior removal or deportation
  • Misrepresentation or fraud
  • Violating visa terms (unauthorized work)

These issues typically require a visa interview and may involve waivers.

2. Criminal History

Any criminal record involving:

  • Crimes of moral turpitude (CMT)
  • Drug offenses
  • Serious arrests
  • Convictions that trigger inadmissibility under U.S. immigration law

Even if a conviction is old or minor, ESTA can still be denied.

3. Travel to Certain Countries

Under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act, travelers who have visited certain designated countries, such as Iran, Iraq, Syria, Yemen, Somalia, Libya, or Sudan may be automatically excluded from the VWP.

4. Dual Nationality Restrictions

Dual nationals of certain countries, such as Iran, Iraq, Syria, Sudan, may be ineligible even if they hold a qualifying passport.

5. Security or Law-Enforcement Flags

This includes:

  • Watchlist hits
  • Security-related concerns
  • Intelligence database matches

Such cases generally require a full visa review.

Successful Case Examples Related to 8 CFR 217.4(a)(1)

  1. Prior Overstay Successful B1/B2 Visa Grant

A tourist from Germany overstayed an ESTA visit by 14 days. CBP canceled future ESTA eligibility under 8 CFR 217.4(a)(1) and refused entry due to INA 212(a)(7)(A)(i)(I). We successfully helped the client obtain a B2 visa.

  1. Minor Criminal Record E2 visa and 212(d)(3) Waiver Approved

A UK traveler had a 15 year old misdemeanor shoplifting conviction. Under 8 CFR 217.4(a)(1), ESTA was denied. We helped the client obtain an E2 and 212(d)(3) waiver.

  1. Suspected Unauthorized Work, Expedited Removal, Vacate Expedite Removal Order

A Dutch traveler visiting the U.S. was questioned by CBP for having tools and business materials in his luggage. CBP suspected unauthorized work and refused VWP entry under 8 CFR 217.4(a)(1 and issues expedited removal under INA 212(a)(7)(A)(i)(I). We petitioned CBP and successfully vacated the removal order.

  1. Security Flag / Name Match and ESTA Denied, O1 Visa Issued

An Italian researcher’s name was similar to someone in a watchlist, causing an ESTA denial under 8 CFR 217.4(a)(1). We successfully rectified the name issue and helped the client obtain an O1 visa.

Get Our Legal Help After ESTA Denial

At The Messersmith Law Firm, we help travelers overcome ESTA denials, resolve inadmissibility findings, and regain eligibility to enter the US. Whether you need a 212(d)(3) waiver or to challenge a wrongful determination, we can help you act fast and effectively. Contact us today at 305-515-0613 or info@messersmithlaw.com for a same day consultation and start the process of restoring your ability to travel freely.

I-485 Denial: What to Do When Your Adjustment of Status Gets Denied

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Receiving an I-485 denial for your Adjustment of Status (AOS) application can feel devastating, especially after months or years of waiting. But a denial doesn’t always mean the end of your green card journey.

Common Reasons USCIS Denies I-485 Applications

  • Incomplete or inconsistent documentation
  • Failure to maintain lawful status or unauthorized employment
  • Criminal or immigration violations
  • Marriage or relationship doubts in family-based cases
  • Public charge or inadmissibility findings under INA §212(a)

Each denial reason requires a specific legal response and acting quickly can make all the difference.

What You Can Do After I-485 Denial

  1. File a Motion to Reopen or Reconsider (MTR) – If USCIS made an error or overlooked evidence.
  2. Refile Your I-485 – Sometimes, a stronger, corrected application is the best solution.
  3. Appeal the Decision – In certain cases, you can take the case to the AAO (Administrative Appeals Office).
  4. Explore Waivers or New Eligibility Options – Especially if denied under sections like INA §212(a)(6)(C)(i) or INA §212(a)(9)(B).

Real Case Success Stories

Case 1: Marriage-Based I-485 Denial Reversed
A client’s marriage based green card was denied after USCIS questioned the legitimacy of the relationship. We provided evidence along with strong legal brief. The case was reopened and approved within 45 days.

Case 2: Employment-Based I-485 Denied for Status Violation
A foreign professional’s I-485 was denied because USCIS claimed he worked without authorization during a pending H-1B change and found him inadmissible under INA §212(a)(9)(B). We filed motion to reopen and the client received his green card within 3 months.

Case 3: I-485 Denial Due to Misrepresentation (INA §212(a)(6)(C)(i))
USCIS alleged false statements in a prior visa application. We filed an I-601 waiver supported by hardship evidence for his US citizen spouse. We obtained approvals for both the waiver and I-485 and the client became a permanent resident.

At Messersmith Law Firm, we have extensive experience in helping clients overturn I-485 denials, reopen denied cases, and correct inadmissibility findings that block green card approvals.

Contact us today 305-515-0613 or info@messersmithlaw.com for a same-day consultation to review your denial and determine the best legal strategy.

Top Reasons USCIS Denies Form I-539 and How to Avoid or Fix a Denial

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If your Form I-539 (Application to Extend or Change Nonimmigrant Status) was denied by USCIS, you’re not alone. Thousands of applicants each year face denials for simple, avoidable mistakes but the good news is that many of these cases can be corrected, reopened, or successfully refiled with the right legal guidance.

Most Common I-539 Denial Reasons

1. Late Filing. Submitting your I-539 after your current visa status expires can lead to automatic denial unless you prove extraordinary circumstances caused the delay.
2. Insufficient Evidence. USCIS often denies applications missing essential documentation such as proof of finances, valid status, or ties to your home country.
3. Ineligible Change of Status. Some categories, like ESTA or Visa Waiver entrants, cannot change status in the US. Attempting to do so almost always results in denial.
4. Inconsistent Information. Discrepancies between your I-94, prior visa applications, or supporting documents can trigger suspicion and denial.
5. Intent Concerns. If USCIS doubts that you plan to maintain lawful, temporary status, your application especially B-2 to F-1 changes may be denied.

Can You Fix or Appeal an I-539 Denial?

Yes. A denial doesn’t have to end your stay in the US Depending on your situation, we may be able to help you to:

  • File a Motion to Reopen or Reconsider (MTR) if USCIS made an error or new evidence supports your case.
  • Refile a stronger I-539 application correcting prior issues.
  • Apply for a different visa or process at a US consulate abroad to restore legal status.

At The Messersmith Law Firm, we regularly help clients overturn I-539 denials, stop unlawful presence, and secure legal status again. Many come to us after receiving denials filed on their own or through other attorneys, and we’ve successfully salvaged their cases with detailed legal arguments and well prepared evidence.

Recent Success Stories

Tourist to Student Approval After Denial. A visitor from Brazil had her B-2 to F-1 change of status denied for lack of financial documentation. We helped her refile with updated bank evidence and school enrollment records. Her case was approved in just 45 days.

H-4 Extension Approved After MTR. An Indian spouse’s I-539 was denied for alleged late filing. We filed a motion to reopen with proof of timely delivery, and USCIS reversed its decision within six weeks.

F-1 to H-4 Change Restored. A student from South Korea was denied for inconsistent I-94 entries. We prepared a corrected application with a detailed legal explanation and it was approved in 30 days.

Get Legal Help After an I-539 Denial

Timing is critical after a denial. Acting quickly can prevent long-term immigration issues such as unlawful presence or reentry bars under INA §212(a)(9)(B). At The Messersmith Law Firm, we know how to respond strategically and turn a denial into an approval.

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