Successfully Overcame NOID and Green Card for Client That Was Previously Associated with Tellon Trading, LLC ( Oct 2024)

In October 2024, our office successfully overcame a very difficult Notice of Intent to Deny ("NOID") of I-485 Application to Adjust Status for a client who was previously associated with Tellon Trading, LLC (“Tellon Trading”).

As an F1 visa international students, our client participated in OPT program and was hired by Tellon Trading as an intern. Our client was promised an exciting internship with accommodating remote work arrangement.

Unfortunately, unbeknownst to our client, Tellon Trading was flagged by the news as part of a

scheme to deceive students, particularly Chinese students, looking for employment or internships to maintain their F-1 OPT status. Questionable companies like Findream used elaborate means to reel students into their schemes. These companies often advertise themselves as a valid and legal entity with valuable connections to prestigious employers and companies.

Tellon Trading was flagged by NBC Bay Area’s investigation along with five other companies that hired employees through the OPT program, including Abroad Intellect Capital, Acuty, Findream, Smoothies Technology and New Beast with possible abuse of the OPT program.

After convictions of Kelly Huang, the perpetrator of FINDREAM fraudulent scheme, USCIS and State Department have relentlessly pursued the student victims of fraud as “knowing co-conspirators.” USCIS has issued Request for Evidence, Notice of Intent to Deny, interviews by USCIS Fraud Detection Officers, alleging misrepresentation and fraud, if the student previously held work authorization by association with above companies.

Our client was applying for their employment based green card through their employer. During the I-485 interview, they were questioned extensively regarding their internship with Tellon Trading. Our client was subsequently issued a NOID for their association with Tellon Trading. USCIS accused our client of failure to maintain continuous status and misrepresentation, which renders our client's ineligible for adjustment of status. 

 Attorney Nguyen D. Luu and our legal team took on representation to assist our client addressing any potential allegations of misrepresentation and fraud stemming from her association with Tellon Trading. The evidence presented sufficiently supported a finding that the client did not make false representations to procure a benefit under U.S. immigration laws. Furthermore, our client did not have a break in continuous status, and even if they did, our client is eligible for INA 245(k) waiver. The firm is very pleased to learn that our client's green card was issued less than 12 weeks after we submitted our response.

If you were previously associated with FINDREAM, SINOCONTECH, Integra Technologies, AZTech Technologies, and Tellon Trading, Inc., Arecy, CG Max Design Corporation, XCG Design Corp in any manner or capacity, it is important to consult with an experienced attorney to immediately advise you and to identify potential problems early in your case and develop a strong case strategy before applying for any immigration benefits.

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