Successful Exemption Waiver For B-1 Visa After Previous Denial

Falsified L-1 work experience, successfully exempted from re-entering the United States

L-1 visa, experience fraud, exemption,
Mr. Feng applied for the L-1 visa and was judged to have falsified his work experience. He was permanently refused to enter the United States and his previous B1/B2 visa was cancelled. Later, he applied for a waiver and obtained a B-1 visa to return to the United States.


Year: 2017
Nationality: Chinese
Applicant: Mr. Feng
Application Category: Nonimmigrant Visa Waiver (NIV Waiver)

Difficulties in this case:
• Mr. Feng’s previous work experience in the L-1 application was judged to be fraudulent (Fraud), and the subsequent 3 visa applications were all rejected, and he was permanently barred from entering the United States;
• Mr. Feng did not have enough evidence to prove that his L-1 fraud was not intentional;
• Mr. Feng’s company in the United States has been forced to close down due to no management, and has lost the necessity and urgency to go to the United States, and may be refused due to insufficient reasons for going to the United States;
• Mr. Feng has been doing business in South America all year round, and chose to interview in a third country nearby, but his English proficiency is limited, and he is not binding enough to return home;

Brief background:
Mr. Feng is a domestic businessman who has been engaged in the manufacture and export of small commodities. His products are exported to the Americas. Later, he was introduced by an intermediary to the L-1 visa in the United States. He started to set up an American company and apply for an L-1 multinational visa without fully understanding it. Company manager work visa. However, Mr. Feng did not meet the requirement of serving as a senior executive of the Chinese parent company for one year. Under the misleading of others, Mr. Feng obtained the approval of the Immigration Bureau by affiliating with a friend’s company. Later, when he was interviewed at the Shanghai Consulate, the consulate confirmed through background investigation. Mr. Feng’s work experience was falsified and he was judged 212(a)(6)(C)(i) Material Misrepresentation / Fraud. He was permanently refused to enter the United States, and his previous B1/B2 visa was also cancelled.

Afterwards, Mr. Feng could no longer contact the intermediary and the former lawyer. Mr. Feng didn’t know the seriousness of the record at first, and the next three B1/B2 US visas were all rejected. Since the American company still needed him to deal with it, Mr. Feng became anxious, and found Zang Dikai United Law Firm (Tsang & Associates) through the Internet to handle difficult visas. Mr. Feng’s English is not good. Lawyer Chen Jie of Zang Dikai United Law Firm (Tsang & Associates) received Mr. Feng throughout the whole process, and patiently explained the impact of the previous L-1 issues on him, and the need to re-apply for the non-immigrant waiver (NIV Waiver) ) conditions to be met.

After several communications, Mr. Feng decided to entrust us to apply for an exemption for him, eager to regain his visa and go to the United States.

Keys to success:
It is very serious to be convicted of 212(a)(6)(C)(i) Material Misrepresentation / Fraud, and to be permanently denied entry to the United States. In order to regain the visa, a waiver must first be granted.

In general, the Department of Homeland Security reviews nonimmigrant denial of entry waiver applications based on three main criteria:

Standard 1: Assess the social harm that the applicant may bring when entering the United States
In response to this standard, Zang Dikai United Law Firm (Tsang & Associates) instructed Mr. Feng to issue a notarial certificate of no criminal record, confirming that Mr. Feng had no previous criminal record that endangered society. In addition, we also attached the certificates of awards Mr. Feng received during his years of business, letters of commendation from Chinese and foreign authoritative organizations, and letters of thanks from customers, etc., to further affirm Mr. Any threat to American society will have adverse consequences. Zang Dikai United Law Firm (Tsang & Associates) also helped retrieve Mr. Feng’s previous good record of starting a company in the United States and hiring American employees, which played a positive role in the exemption.

Criterion Two: Assessing the Seriousness of the Applicant’s Past Violations of Immigration Law
Explaining why Mr. Feng’s L-1 work history was falsified at that time is the key to helping him meet this standard. Mr. Feng barely understands English, does not understand the L-1 application requirements, and completely trusts the original agency and the former lawyer, which are the main reasons for the serious consequences. Even though Mr. Feng has little evidence to prove that he did not intentionally falsify his L-1, Tsang & Associates still makes full use of the few documents to make a strong argument.

First of all, we assisted Mr. Feng in drafting a personal statement, voluntarily admitting that due to his negligence, he did not seriously understand the requirements of the L-1 application, and thus violated the immigration law and made mistakes. At the same time, Mr. Feng also clearly explained the cause and effect of the incident in the statement, and said that he will be more careful in the future and will never do it again. Secondly, we also attached a well-founded lawyer’s letter to Mr. Feng, explaining the background of Mr. Feng’s past application for L-1 visa and current application for B-1 visa, and demonstrating why Mr. Feng is eligible for exemption in accordance with relevant laws. Conditions, please allow the embassy to grant exemptions and issue visas for special circumstances. In addition, we also showed the correspondence between Mr. Feng and his former lawyer, as well as the business documents between him and the Chinese and American companies, proving that he had no intention of deliberate fraud when applying for the L-1 visa.

Criterion Three: Assessing the Applicant’s Necessity to Travel to the United States
In order to successfully regain the visa, proving the necessity of going to the United States is also an indispensable key link. Originally, Mr. Feng went to the United States because he was eager to go to the United States to handle company affairs. However, due to the long exemption period, the affairs of the American company needed to be dealt with urgently. Mr. Feng asked an accountant to handle it on his behalf and quickly ended the American company. It has lost its close link with the United States. But Mr. Feng still hopes to regain his visa and be able to travel freely in and out of the United States.

Considering the gap between Mr. Feng’s actual situation and requirements, the lawyer team of Zang Dikai United Law Firm (Tsang & Associates) learned about Mr. Feng’s Chinese company’s business form, foreign trade partners, countries where the exported goods are sold, order volume, etc. , it is determined that the reason for going to the United States is the B-1 business exhibition and inspection, the invitation letter sent to Mr. Feng by the official organization of the United States, the recommendation letter of the American partner, the cooperation agreement, the business order and other data. Secondly, we will participate in the exhibition and inspection of this trip I also conducted a survey and search, elaborated on the influence, authority, and importance of the exhibition, as well as Mr. Feng’s business scale, product sales, and product popularity, and summarized it into a rigorous description The report enables the visa officer to understand at a glance the importance and necessity of Mr. Feng’s application for exemption to the United States. Not only that, but we also prepared complete exemption application materials for him, and at the same time strengthened the binding force of Mr. Feng’s return to China, emphasizing that he will not delay his stay in the United States after participating in the exhibition.

Mr. Feng was living abroad at the time and was a permanent resident of the country. He made an appointment at the nearest consulate of the country to apply for a third-country visa, but the first visa was not smooth. The interview in English and the third-country visa were not accepted by the consulate. Zang Dikai United Law Firm (Tsang & Associates) advised Mr. Feng to go back to China and quickly made an appointment for him to interview at the Shanghai Consulate. Attorney Chen Jie helped Mr. Feng sort out the interview process and all the key points and procedures. After returning home, through communication, Mr. Feng regained his confidence and had the confidence to face the next interview.

Case results:
Mr. Feng’s application for exemption was accepted by the Shanghai Consulate and sent back to the US CBP Department of Homeland Security for approval. After more than five months of long waiting, the consulate finally notified Mr. Feng to send back his passport to issue a B-1 visa.

Mr. Feng was ecstatic after receiving the good news, and at the same time lamented that because of his own carelessness, he could not go to the United States again. The closure of the American company due to no management was beyond his expectation. He was devastated by three consecutive failed visa applications. He is very grateful to Zang Dikai United Law Firm (Tsang & Associates) for the correct legal assistance and guidance along the way, which enabled him to regain his US visa. At the same time, Mr. Feng also lamented how important it is to find a professional and reliable lawyer team!

Lawyer Comments:
Non-immigrant visa applicants are denied entry due to violations of relevant laws and regulations. At this time, if they want to enter the United States, they need to obtain a waiver (Waiver). The exemption process is relatively complicated and takes a long time (6 months or even longer). Applicants in need are advised to prepare early. If you have any questions about visa exemption applications, please contact Tsang & Associates. For more relevant professional information, please click on the following articles to view:
“The US visa was rejected, do I need to apply for a waiver?”

*To protect customer privacy, customer names are pseudonyms.

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