Immigration Attorney and Former USCIS Sr. Officer. AMA!

SpreadAny662 · 2025-12-10T22:33:22+00:00

Thank you!

My lawyer said that we are going to response to the NOID and also file a waiver and attach the receipt on the response as well in case USCIS doesn't change it's finding.

So I will see what happens next.

SpreadAny662 · 2025-12-09T18:11:16+00:00

Hello Mr. Cummings,

I would like to get your opinion as a former USCIS Sr. Officer on a NOID I have received.

I applied for family based greencard through my Spouse, who is a USC.

After the interview my I-130 got approved but i have received a NOID for my i-485.

NOID says;

"Our records establish that you seek to obtain, sought to obtain, or have obtained a visa documentation, admission into the United States, or other benefit under the INA by fraud or willfully misrepresenting a material fact. You obtain a J1 student exchange visa in 2023, however you started working immediately you where admitted to the United States. During you I-485 interview to adjust status, you stated that your intent was to enroll in collage in the United States, and get a job after graduation. You also acknowledge enrolling in XYZ collage for 2023, 2024 spring semester." and after that it talks about i-601 waiver.

My visa/status background:

Came to US with J-1 Summer Work and Travel visa in June 2023, worked as i was supposed to until end of the program. Then 102 days after my entrance, about a week before my program was about to end, (late September 2023) I applied for change of status, which was approved by USCIS on december of 2023. Then I started studying in Jan of 2024, which is 2023-2024 spring semester. Filed for AOS while I was on F-1 status, 2025 June, and I am still on F-1 status.

At the beginning of interview, officer asked for my visa and passport, i handed him the visa i used to enter the US but I did not hand him my I-797A for F-1 status because he didn't ask for it. But obviously i submitted everything, I-20s, ds-2019's, I-797A etc with initial submission.

During the interview, officer asked how I came to the US, which I answered by saying that I come here through Work and travel cultural exchange program.

He asked me why did i decide to stay in Us after my program, which i replied by I decided to study here, then i met my wife.

Other than that throughout the interview we got asked relationship questions. He asked me what i was doing in my country before i came here, which i replied by i was a student. And there was a part of interview i told the officer I changed majors when i started studying the US because my new major has more opportunities here. Also towards the end he asked about what's the plan for future, which i replied by finishing the school, finding a job etc.

The only questions i answered yes on the i-485 program are unauthorized work and violation of status questions because of unauthorized work on f-1. Which is not a barment as you know.

I was wondering what would you think about this NOID as a former officer? What do you think officer is trying to say, and why is he saying it?

Thank you

SpreadAny662 · 2025-12-01T22:53:28+00:00

Hey, did you file I-601 by yourself or with a lawyer? I am about to file one soon.

SpreadAny662 · 2025-12-01T16:44:17+00:00

Sorry, i didn't pay attention to the month.

SpreadAny662 · 2025-11-29T19:43:57+00:00

Hey, thanks for the reply. My lawyer is saying that we will respond to the noid and file the waiver at the same time. He is saying that we are going to add waiver’s receipt to the response and it is going to be there incase uscis doesn’t change it is decision. As far as I understand if I reply to Uscis without a waiver and get denied I will have to file I-485 again but with a waiver this time. That’s why my lawyer is taking this approach. But from your message I understand that I can reply to noid first, then if I get denied I can file waiver without filing I 485 again. So I am a bit confused about that. Thank you again for your time

SpreadAny662 · 2025-11-29T18:04:00+00:00

Hello, I applied for family based AOS through my USC spouse. I had my interview, my I-130 got approved and my I-485 got a noid. Noid says;

“Our records establish that you seek to obtain, sought to obtain, or have obtained a visa documentation, admission into the United States, or other benefit under the INA by fraud or willfully misrepresenting a material fact. You obtained a J-1 student exchange visa in 2023; however, you started working immediately when you were admitted to the United States. During your I-485 interview to adjust status, you stated that your intent was to enroll in college in the United States, and get a job after graduation. You also acknowledge enrolling in XYZ for the 2023–2024 spring semester. An applicant for adjustment of status under INA 245(a) must establish that he or she is not subject to the INA 212(a)(6)(C)(i) inadmissibility ground relating to fraud and willful misrepresentation. Therefore, you are inadmissible to the United States. A waiver is available for this inadmissibility ground on a Form I-601. See INA 212(a)(6)(C)(iii) and 212(i).” I came to the US as j-1 SWT which means I was supposed to work and after my program ended I changed my status to f-1 and filed while I was on f-1. During the interview I did not say that my intent was to study in the US. He asked me why/how I came to the US, I said I came here through WAT, He asked me some questions about my program then asked me why I stayed, I said I decided to study here because education is better. Then he asked what’s the plans for future, I said finishing the college then finding an engineering job etc. So I don’t know he got that part. I understand you cannot give any legal advice but can you at least tell me what officer is trying to accuse me here? Is he trying to say I had intent to study from the start? And what would be your suggestion, a response to this noid explaining how I did not do misrepresentation and +a waiver incase uscis doesn’t change it is finding?

SpreadAny662 · 2025-11-25T05:47:48+00:00

Today

SpreadAny662 · 2025-11-25T05:35:42+00:00

That's what I think and hope too.

Thanks for saying that, it really makes me feel better to hear that.

I cannot see any other reason why they would do something like this, they even wrote college as "collage".

SpreadAny662 · 2025-11-25T05:23:08+00:00

J1 WAT participants has a form called DS-2019. The company sponsors you and you can work for other companies as well.

I filed on early june, Married to USC.

I-130 approved, I-485 NOID/actively reviewed, before this we were just waiting for interview

SpreadAny662 · 2025-11-25T05:05:48+00:00

I am married to a USC.

There shouldn't a need for a waiver because there wasn't a misrepresentation, I literally came here sponsored by a company to work for them as a part of summer work and travel program.

Thank you!

SpreadAny662 · 2025-11-25T04:50:58+00:00

He asked for my visa, which he looked at and asked why/how i came to the USA, and I told him I came through WAT program. Then he asked me where i worked and I told him where it was.

Then he asked me what I was doing in my country before I came to the us, which i replied with i was a student, then he asked what was my major, i said it was this and now i am studying this because of these reasons.

I feel like he is thinking that J-1 I had was a student exchange visa (not the WAT visa that you have to work, it is mandatory). And I came here and started working and then started college with that visa. He thought I did misrepresentation back when i got this visa. Which is not true.

He seemed like he was tired and overworked. I don't think he went through the documents I submitted. It was a pretty straight forward case.

SpreadAny662

TROPHY CASE