{"id":1074,"date":"2021-10-09T11:42:30","date_gmt":"2021-10-09T17:42:30","guid":{"rendered":"https:\/\/blog.messersmithlaw.com\/?p=1074"},"modified":"2021-10-09T11:42:30","modified_gmt":"2021-10-09T17:42:30","slug":"immigration-success-stories-ina-212a6ci-ina-ina-212a9b","status":"publish","type":"post","link":"https:\/\/blog.messersmithlaw.com\/?p=1074","title":{"rendered":"Immigration Success Stories \u2013 INA 212(a)(6)(C)(i) & INA INA 212(a)(9)(b)"},"content":{"rendered":"

Immigration Success Stories \u2013 INA 212(a)(6)(C)(i) & INA INA 212(a)(9)(b)<\/strong><\/p>\n

Our client was employed with US company A from 2017 through 2019 on H1B visa status.\u00a0 US company B filed a new I-129 for new employment with their firm to begin in 2018.\u00a0 USCIS approved the I-129 petition but denied the application for a change of status.\u00a0 In their decision, the USCIS noted that our client could not establish that he was employed with US company A since the company had, unbeknownst to our client, withdrew the previously approved I-129 petition.\u00a0 Our client then applied for his H1B visa stamp at the US Embassy which was refused pursuant to INA 212(a)(6)(C)(i) and INA 212(a)(9)(B).<\/p>\n

INA 212(a)(6)(C)(i) relates to a false representation in order to obtain an immigration benefit.<\/p>\n

INA 212(a)(9)(B) relates to unlawful presence in the US for more than 180 days.<\/p>\n

Even though our client was never notified by US company A nor their attorney that they withdrew his I-129 petition, the US Embassy still accused him of misrepresentation of his prior H-1B visa status in the US and told him that because his petition had been withdrawn he has been out of status the entire time!\u00a0 While the 212(a)(9)(b) charge carried a temporary bar, the 212(a)(6)(C)(i) charge is permanent.\u00a0 We were able to present a strong defense on his behalf to both the US Department of State and the US Embassy which ultimately resulted in the removal of both charges from his record so he was able to obtain a new H-1B visa and reenter the country to work for US company B<\/p>\n

Do you have a similar inadmissibility issue?\u00a0 If so, contact our office<\/a> and we’ll see if we can correct this for you.<\/p>\n","protected":false},"excerpt":{"rendered":"

Immigration Success Stories \u2013 INA 212(a)(6)(C)(i) & INA INA 212(a)(9)(b) Our client was employed with US company A from 2017 through 2019 on H1B visa status.\u00a0 US company B filed a new I-129 for new employment with their firm to begin in 2018.\u00a0 USCIS approved the I-129 petition but denied the application for a change … Read more<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[108,343,341],"tags":[],"class_list":["post-1074","post","type-post","status-publish","format-standard","hentry","category-ina--212a6ci","category-ina--212a9b","category-success-stories"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t