We were asked to provide a second opinion on a complicated case where the US consulate had denied a green card based upon a finding that the beneficiary/applicant had committed visa fraud where they had earlier misused a visa. The consulate directed the applicant to file for a waiver (which is quite difficult to obtain). Note that a finding of fraud is a permanent bar from entering the USA.
When we reviewed the file, it appeared to be quite clear that the finding of fraud was unjustified. A “misuse” of a visa is not by itself fraud, unless some lies or deception were involved. So, our recommendation to our clients was to fight the fraud finding, for which we were then retained. Well, after several rounds of argument lasting over a year with the consulate and the Washington, DC office in charge of the consulates, finally, this morning, we have received the approval of the green card.