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I-601A Case of Mistaken Identity

One of our more unusual assignments involved the mistaken identity of an applicant for a provisional unlawful presence waiver. The attorney hired us to draft a “brief” for USCIS demonstrating that his client was not the person of that mistaken identity. The attorney’s client applied for a Provisional Unlawful Presence Waiver (I-601A); he was denied by USCIS because the Service believed that he was not forthcoming in his application. The USCIS database returned information that purported to show that client had unlawfully entered the US on more occasions than what he stated in his Application. 

Upon thorough review of the record documents, we discovered that the USCIS database had mistakenly combined two separate individuals with very similar names and birthdates. The attorney resubmitted the I-601A application with our brief that explained the mistaken identity and applicable case law. The USCIS reversed its previous decision and granted the provisional unlawful presence waiver. 

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