CASE RESULT
USCIS approved a marriage-based Form I-485 after an I-601 waiver resolved an inadmissibility issue that had placed the applicant’s adjustment-of-status case at risk.
The case ultimately concluded with approval of the applicant’s adjustment of status and lawful permanent residence.
QUICK ANSWERUSCIS approved the applicant’s marriage-based I-485 after the applicant obtained an approved I-601 waiver addressing a fraud and misrepresentation issue raised during the adjustment-of-status process.
In This Article
The Case
The applicant was seeking permanent residence in the United States through a marriage-based adjustment-of-status application.
The applicant’s U.S. citizen spouse filed a Form I-130, Petition for Alien Relative, and the applicant filed Form I-485, Application to Register Permanent Residence or Adjust Status.
USCIS later scheduled the applicant for an adjustment-of-status interview. The applicant appeared for the interview, but the case did not proceed directly to approval.
Instead, USCIS raised a significant inadmissibility issue concerning the circumstances surrounding the applicant’s prior F-1 student visa and entry into the United States.
The Inadmissibility Issue
USCIS determined that the applicant was inadmissible under INA § 212(a)(6)(C)(i), which concerns fraud or willful misrepresentation in obtaining a visa, admission, or another immigration benefit.
USCIS issued a Notice of Intent to Deny concerning the pending Form I-485 and explained the basis for its concern.
The notice also informed the applicant that a waiver could be sought through Form I-601, Application for Waiver of Grounds of Inadmissibility.
A serious issue, but not necessarily the end of the caseA Notice of Intent to Deny gives an applicant an opportunity to respond to USCIS’s concerns and, where legally available, pursue a waiver of inadmissibility.
The I-601 Waiver
The applicant pursued the available I-601 waiver process to address the inadmissibility issue identified by USCIS.
USCIS approved the Form I-601 waiver, resolving the particular inadmissibility issue that had affected the adjustment-of-status case.
The waiver was an important step, but it was not the green card approvalAn approved I-601 waiver addresses the applicable ground of inadmissibility. The underlying Form I-485 remains a separate application that USCIS must adjudicate.
USCIS Approved the I-485
After the waiver was approved, the underlying adjustment-of-status application proceeded to final adjudication.
USCIS approved the applicant’s pending Form I-485, Application to Register Permanent Residence or Adjust Status.
I-485 APPROVED
Marriage-based adjustment of status approved
The approval notice identifies the application as based on the applicant’s status as the spouse of a U.S. citizen and reflects the IR6 classification.
The I-485 approval completed the adjustment-of-status process and resulted in the applicant’s approval for lawful permanent residence.
What This Case Shows
A marriage-based green card case can become significantly more complicated when USCIS identifies a potential inadmissibility issue during the adjustment process.
In this case, the path to approval involved an adjustment-of-status application, a USCIS interview, a Notice of Intent to Deny, an inadmissibility issue, an I-601 waiver, and ultimately approval of the underlying Form I-485.
The case also illustrates an important distinction: resolving an inadmissibility issue does not itself grant permanent residence. The underlying adjustment application still has to be approved.
Here, that final step was successful. USCIS approved the applicant’s marriage-based I-485.
FREQUENTLY ASKED QUESTIONS
Questions About I-485 Approval After an I-601 Waiver
Does an approved I-601 waiver automatically approve an I-485?
No. An I-601 waiver addresses a qualifying ground of inadmissibility. The underlying Form I-485 remains a separate application that USCIS must adjudicate.
Can a marriage-based I-485 be approved after a fraud or misrepresentation issue?
Depending on the circumstances, a waiver may be available. Eligibility depends on the specific ground of inadmissibility, the applicant’s circumstances, and the applicable legal requirements.
What happens after an I-601 waiver is approved?
If the I-601 waiver resolves the relevant inadmissibility issue, USCIS may continue adjudicating the underlying immigration application. Approval of the waiver does not by itself guarantee approval of the I-485.
What should I do if USCIS issues a Notice of Intent to Deny on my I-485?
The appropriate response depends on the reason USCIS is considering denial. An applicant should review the notice carefully and determine whether a response, additional evidence, or a waiver may be available before the applicable deadline.
Facing an I-485 Problem?
If USCIS has raised an inadmissibility issue, issued a Notice of Intent to Deny, or delayed your adjustment-of-status application, Relief Law can evaluate your case and discuss potential legal options.
The Bottom Line
A difficult marriage-based adjustment case can sometimes move forward after an inadmissibility issue is properly addressed. In this case, the approved I-601 waiver was followed by approval of the underlying Form I-485, resulting in a successful marriage-based green card outcome.
Disclaimer: This article describes a specific immigration case result for informational purposes only. Immigration outcomes vary depending on the facts and circumstances of each case. This article does not constitute legal advice or create an attorney-client relationship.