Even an unintentional inconsistency at the visa stage can create serious immigration problems later. But with the right legal strategy, it may still be possible to move forward.
Our client is a citizen of Algeria who first entered the United States in 2018 as a visitor and remained for about four to five months before departing.
He later returned to the United States in December 2019 on a B-2 visitor visa. Before that trip, he had held a temporary freelance residency in Dubai. On his B2 visa application, “import/export” had been listed as his occupation, even though his actual work was in film and visual arts.
When he arrived in the United States in 2019, Customs and Border Protection referred him to secondary inspection and questioned him extensively about his employment.
At first, he repeated the “import/export” description that appeared on the visa application. After prolonged questioning, however, he clarified that his true work was in film and visual arts.
CBP warned him about the inconsistency and allowed him to enter the United States, but indicated that the issue could create problems in the future.
He remained under secondary inspection for several hours and was subjected to intense questioning. Officers also inspected his belongings, including his cameras and laptop.
There was no clear record or transcript of exactly what was said during that interaction, creating uncertainty about what the government may have documented.
Not long after, the COVID-19 pandemic disrupted travel, causing him to remain in the United States longer than he had originally planned.
In September 2023, he married his U.S. citizen spouse.
Later, he found McBean Law while searching for information related to waivers. He was concerned that the issue at the airport might be treated as misrepresentation and affect his ability to obtain lawful permanent residence.
When he consulted with our firm, our legal team first evaluated whether a waiver would be necessary.
As part of that strategy, we recommended submitting a FOIA request to review any available CBP records and better understand what information may have been preserved from the secondary inspection.
After carefully assessing the case, we proceeded with filing the I-130 petition and adjustment of status package in December 2024.
In December 2025, the I-130 petition was approved.
USCIS later issued a Request for Evidence requiring our client to submit an I-601 waiver based on alleged misrepresentation at the visa stage.
At that point, the case required a focused and well-supported waiver strategy.
Our team prepared and filed the I-601 waiver before the March 2026 deadline.
We built a strong hardship case showing the impact that a denial would have on our client’s U.S. citizen spouse.
On March 24, 2026, USCIS approved the I-601 waiver.
Soon after, the adjustment of status application was also approved, and our client was granted lawful permanent residence.
This case shows how even an inconsistency that may not have seemed intentional at the time can later become a major immigration issue.
It also shows the importance of identifying possible admissibility concerns early, reviewing the record carefully, and building a strong waiver strategy from the start.
With thorough preparation and strategic advocacy, complex waiver issues can be addressed and overcome.
Call us at (914) 898-9488 to schedule a private consultation.
P.S. Every case is different. Prior results do not guarantee similar outcomes. Always consult with a licensed immigration attorney about your specific situation.
