CASE:   Immigrant Visa / I-601A Hardship Waiver of Inadmissibility / I-212 Application for Permission to Reapply for Admission Into the United States After Deportation or Removal

APPLICANT / BENEFICIARY: Ecuadorian

LOCATION: Quito, Ecuador (Visa Interview)

Our client came to the United States from Ecuador in March 1999 without inspection and admission. Later, he married his U.S. citizen wife in 2006. However, removal proceedings were initiated against him in March 2009 as an alien present in the United States without having been admitted or paroled. With our assistance and representation, our client went to all of his court hearings and applied for Cancellation of Removal for Non-LPR. However, the Immigration Judge in the Cleveland Immigration Court denied our client’s application for relief.

After his case was denied, our client’s U.S. Citizen Wife filed an I-130 petition for him and this I-130 petition was approved on January 27, 2014. However, needed a waiver of inadmissibility to become a green card holder.

INA § 212(i) provides for a discretionary waiver of the entry without inspection inadmissibility ground. To qualify for the waiver, the alien must establish that his or her US Citizen spouse would suffer extreme hardship if the alien were denied admission. INA § 212(i)(1). In addition to the equities presented, the USCIS may consider the nature of the inadmissibility ground.

There is a seminal BIA case that deals with this waiver.  In Matter of Cervantes, 22 I & N Dec. 560 (BIA 1999), the BIA identified the factors to be considered in determining whether a qualifying relative would suffer extreme hardship if the alien were denied admission.  Those factors include: the presence of LPR or USC family ties both within and outside the United States; the conditions in the country to which the qualifying relative would relocate and the extent of the qualifying relative’s ties to that country; the financial impact of departure from the United States; and significant conditions of health, particularly when tied to the unavailability of suitable medical care in the country to which the qualifying relative would relocate.

Before the I-130 was approved, our client took voluntary departure from the United States in November 2013 as he tried to get an immigrant visa through consular processing with an I-601 waiver. He went back to Ecuador. Once he returned there, with our legal assistance, we filed his immigrant visa package to the National Visa Center on June 27, 2014.

Our client’s I-601 application had a good chance since our client’s U.S. Citizen wife suffers from a great degree of medical and psychological hardship. In the I-601 brief and supporting documents, our office included extensive medical reports of his wife.  We argued that it would be extremely difficult for our client’s wife to get the same level of therapy and satisfactory access to medical services in Ecuador in case she joins our client there.

In our brief, we also argued that his wife will have difficulty in finding the same level of employment in Ecuador, and that his wife will face extreme financial and emotional difficulties if she joins him in Ecuador.

On February 12, 2015, we filed the I-601 waiver application which included the brief in support, his wife’s extensive medical and psychological examination records, and other documents that demonstrated hardship to his wife if she joins our client in Ecuador. Later, on November 25, 2015, our office also filed the  I-212 Application for Permission to Reapply for Admission into the United States after Deportation or Removal.

Eventually, his I-601 waiver and I-212 were approved on January 4, 2016. The U.S. Embassy in Quito, Ecuador informed our office that they scheduled an immigrant visa interview for our client. On January 26, 2016, our client appeared at his immigrant visa interview at the U.S. Embassy in Quito, and the Consulate officer approved his immigrant visa on the same day.

Now, our client can come back to the United States with an approved immigrant visa and he will get his green card in the mail within two months of his entry to the United States.  

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CASE:   I-601A Provisional Unlawful Presence Hardship Waiver of Inadmissibility

APPLICANT / BENEFICIARY: Chinese

LOCATION: Cleveland, Ohio

Our client came to the United States from China in August 2001 without inspection and admission. She married her U.S. citizen husband in 2007. They have two U.S. citizen children together.  Her U.S. Citizen husband filed an I-130 petition for her on August 1, 2012. This I-130 petition was approved on March 29, 2013.

Our client cannot file for adjustment of status due to her ground of inadmissibility. She needs a waiver of inadmissibility to become a green card holder. Moreover, our client was placed in removal proceedings, but with our office’s assistance, her removal proceedings were administratively closed in April 2015 to file a provisional waiver application.

Under current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return to the United States.

In 2013, the USCIS announced of new policy called the provisional unlawful presence waiver. Beginning March 4, 2013, certain immigrant visa applicants who are spouses, children and parents of U.S. citizens (immediate relatives) can apply for provisional unlawful presence waivers before they leave the United States. The provisional unlawful presence waiver process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver in the United States.

The new process is expected to shorten the time U.S. citizens are separated from their immediate relatives while those family members are obtaining immigrant visas to become lawful permanent residents of the United States.

INA § 212(i) provides for a discretionary waiver of the entry without inspection inadmissibility ground. To qualify for the waiver, the alien must establish that his or her US Citizen spouse would suffer extreme hardship if the alien were denied admission. INA § 212(i)(1). In addition to the equities presented, the USCIS may consider the nature of the inadmissibility ground.

There is a seminal BIA case that deals with this waiver.  In Matter of Cervantes, 22 I & N Dec. 560 (BIA 1999), the BIA identified the factors to be considered in determining whether a qualifying relative would suffer extreme hardship if the alien were denied admission.  Those factors include: the presence of LPR or USC family ties both within and outside the United States; the conditions in the country to which the qualifying relative would relocate and the extent of the qualifying relative’s ties to that country; the financial impact of departure from the United States; and significant conditions of health, particularly when tied to the unavailability of suitable medical care in the country to which the qualifying relative would relocate.

Our client’s I-601A application had a good chance since our client’s U.S. Citizen husband and son suffer from a great degree of medical hardship. In the I-601A brief and supporting documents, our office included extensive medical reports of her husband and her son.  We argued that if she was removed from the United States, extreme hardship to her husband is clearly foreseeable and evident.  Her husband has ongoing medical hardships and he would not be able to take care of his own needs and the bulk of their family chores, most importantly taking care of their children. Also, it would be extremely difficult for him to get the same level of therapy and satisfactory access to medical services in China in case he joins our client there.

In our brief, we also argued that our client and her husband have maintained strong family ties in the United States, that her husband will have difficulty in finding the same level of employment in China, that our client has good employment in the United States, and that his U.S. citizen child and her husband will face extreme financial and emotional difficulties if she is removed.

On October 15, 2015, we filed the I-601A waiver application which included the brief in support, her husband and son’s extensive medical examination records, and other documents that demonstrated hardship to her husband if she is removed from the United States. Eventually, without any RFE, her I-601A waiver was approved on February 2, 2016. Now, she can file packet 3 and 4 here in the United States, and would go to China shortly to get her immigrant visa.

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CASE:  I-130 / I-485 / I-601 Hardship Waiver of Inadmissibility

APPLICANT / BENEFICIARY: Filipino

LOCATION: Chicago, IL

Our client entered the U.S. in 1993.  Later, he married his U.S. citizen wife and his wife filed an I-130 petition for him and he concurrently filed an I-485 adjustment of status application.  Our client also filed an I-601 wavier application with his adjustment application with the help of his previous immigration lawyer.  He needed to file an I-601 waiver because he was found inadmissible due to his previous immigration law violation.

In 1997, our client went back to his father who was critically ill. After he visited his father, our client re-applied for his visitor’s visa to come back to the United States. However, he claimed himself to be single rather than “married” on his visitor’s visa application in order to get his visitor’s visa easily. He got his visa and came back to the United States. Nonetheless, when he applied for his permanent residency in the United States, the USCIS found that he misrepresented a material fact to get his B-2 visitor’s visa. As a result of his actions, was found to be inadmissible.  (Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible).

As mentioned above, his green card application was denied, as well as the I-601 waiver application. He had multiple tries, but none of them were successful.

Our client contacted our office in November 2011 to pursue the I-130 / 485 and I-601 waiver once again. Our firm thoroughly analyzed why his previous I-601 waiver applications were denied.  Based on his story and surrounding circumstances (hardship to his U.S. citizen wife if he is deported), our office determined that he has a good chance of winning another I-601 application. He retained our office on November 21, 2011.

If someone is found to be inadmissible under Section 212(a)(6)(C)(i) of the INA, the INA Section 212(i) provides for a discretionary waiver of the fraud or misrepresentation inadmissibility ground.  To qualify for the waiver, the alien must establish that his or her USC spouse would suffer extreme hardship if the alien were denied admission.  INA Section 212(i)(l).  In addition to the equities presented, the USCIS may consider the nature of the fraud or misrepresentation.

There is a seminal BIA case that deals with this waiver.  In Matter of Cervantes, 22 I & N Dec. 560 (BIA 1999), the BIA identified the factors to be considered in determining whether a qualifying relative would suffer extreme hardship if the alien were denied admission.  Those factors include: the presence of LPR or USC family ties both within and outside the United States; the conditions in the country to which the qualifying relative would relocate and the extent of the qualifying relative’s ties to that country; the financial impact of departure from the United States; and significant conditions of health, particularly when tied to an unavailability of suitable medical care in the country to which the qualifying relative would relocate.

Our client’s I-601 application had a good chance since our client’s U.S. Citizen wife suffers from physical pains emanating from her surgery and various incidents in the past.  Thus, in the I-601 brief in support, our office included extensive medical reports of his wife. We argued that if he is removed from the United States, extreme hardship to his wife is clearly foreseeable and evident.  His wife needs consistent and continuous physical therapy to help deal with her pain. Also, it would be extremely difficult for her to get the same level of physical therapy and satisfactory access to medical services in the Philippines in case she joins our client there.

In our brief, we also contended that our client and his wife have maintained strong family ties in the United States, that his wife will have extreme difficulty to find the same level of occupation in the Philippines, that his wife will face extreme financial and emotional difficulties if she is removed.

On May 2, 2012, our client and his wife appeared at the interview in the Chicago USCIS Field Office.  Subsequently, one year later, the USCIS requested another interview for our client to appear at the USCIS Chicago Field Office. Our client appeared at the USCIS office on November 5, 2013 and on both occasions, our attorneys accompanied our client. Eventually, his I-601 waiver application was approved on July 10, 2015.

Once his I-601 was approved, our client retained our office again for his adjustment of status application. In late July of 2015, the USCIS notified us that the old I-130 from his wife for him was terminated. Thus, we prepared both the I-130 and I-485 applications again.

Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on July 29, 2015.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. Prior to the interview, we thoroughly prepared our clients via conference call. On December 7, 2015, our client was interviewed at the Chicago, Illinois USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. The interview went well, but the officer informed us that due to the complex and extensive nature of our client’s case, it would take more time for her to adjudicate his applications. Nevertheless, on January 13, 2016, his green card application was approved.

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CASE:   I-601A Hardship Waiver of Inadmissibility

APPLICANT / BENEFICIARY: Mexican

LOCATION: Ohio

Our client came to the United States from Mexico in 1999 without inspection and admission. He married his U.S. citizen wife in 2003. With our firm’s legal assistance, his U.S. Citizen wife filed an I-130 petition for him in 2013. This I-130 petition was approved on January 17, 2014.

Our client cannot file for adjustment of status application due to his ground of inadmissibility (entry without inspection and admission). He needs a waiver of inadmissibility to become a green card holder.

Under current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return to the United States

In 2013, the USCIS announced of new policy called the provisional unlawful presence waiver. Beginning March 4, 2013, certain immigrant visa applicants who are spouses, children and parents of U.S. citizens (immediate relatives) can apply for provisional unlawful presence waivers before they leave the United States. The provisional unlawful presence waiver process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver in the United States.

The new process is expected to shorten the time U.S. citizens are separated from their immediate relatives while those family members are obtaining immigrant visas to become lawful permanent residents of the United States.

INA § 212(i) provides for a discretionary waiver of the entry without inspection inadmissibility ground. To qualify for the waiver, the alien must establish that his or her US Citizen spouse would suffer extreme hardship if the alien were denied admission. INA § 212(i)(1). In addition to the equities presented, the USCIS may consider the nature of the inadmissibility ground.

There is a seminal BIA case that deals with this waiver.  In Matter of Cervantes, 22 I & N Dec. 560 (BIA 1999), the BIA identified the factors to be considered in determining whether a qualifying relative would suffer extreme hardship if the alien were denied admission.  Those factors include: the presence of LPR or USC family ties both within and outside the United States; the conditions in the country to which the qualifying relative would relocate and the extent of the qualifying relative’s ties to that country; the financial impact of departure from the United States; and significant conditions of health, particularly when tied to the unavailability of suitable medical care in the country to which the qualifying relative would relocate.

Our client’s I-601A application had a good chance since our client’s U.S. Citizen wife suffers from a great degree of medical hardship. In the I-601A brief and supporting documents, our office included extensive medical reports of his wife.  We argued that if he was removed from the United States, extreme hardship to his wife is clearly foreseeable and evident.  His wife has ongoing medical hardships and she would not be able to take care of her own needs and the bulk of their family chores, most importantly taking care of their child. Also, it would be extremely difficult for her to get the same level of therapy and satisfactory access to medical services in Mexico in case she joins our client there.

In our brief, we also argued that our client and his wife have maintained strong family ties in the United States, that his wife will have difficulty in finding the same level of employment in Mexico, and that his U.S. citizen child and his wife will face extreme emotional difficulties if he is removed.

On July 13, 2015, we filed the I-601A waiver application which included the brief in support, his wife’s extensive medical examination records, and other documents that demonstrated hardship to his wife if he is removed from the United States. Eventually, his I-601A waiver was approved on November 23, 2015. Now, he can file packet 3 and 4 here in the United States, and would go to Mexico shortly to get his immigrant visa.

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CASE:  I-601 Hardship Waiver of Inadmissibility

APPLICANT / BENEFICIARY: Filipino

LOCATION: Chicago, IL

Our client entered the U.S. in 1993.  Later, he married his U.S. citizen wife and his wife filed an I-130 petition for him and he concurrently filed an I-485 adjustment of status application.  Our client also filed an I-601 wavier application with his adjustment application with the help of his previous immigration lawyer.  He needed to file I-601 waiver because he was found inadmissible due to his previous immigration law violation.

In 1997, our client went back to his father who was critically ill. After he visited his father, our client re-applied for his visitor’s visa to come back to the United States. However, he claimed himself as a single rather than “married” on his visitor’s visa application in order to get his visitor’s visa easily. He got his visa and came back to the United States. Nonetheless, when he applied for his permanent residency in the United States, the USCIS found that he misrepresented a material fact to get his B-2 visitor’s visa. As a result of his actions, he was found to be inadmissible to the United States pursuant to Section 212(a)(6)(C)(i) of the INA.  (Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible). 

As mentioned above, his green card application was denied, as well as the I-601 waiver application. He had multiple tries, but none of them were successful.

Our client contacted our office in November 2011 to pursue an I-601 waiver once again. Our firm thoroughly analyzed why his previous I-601 waiver applications were denied.  Based on his story and surrounding circumstances (hardship to his U.S. citizen wife if he is deported), our office determined that he had a good chance to win I-601 application. He retained our office on November 21, 2011.

If someone is found to be inadmissible under Section 212(a)(6)(C)(i) of the INA, INA Section 212(i) provides for a discretionary waiver of the fraud or misrepresentation inadmissibility ground.  To qualify for the waiver, the alien must establish that his or her USC spouse would suffer extreme hardship if the alien were denied admission.  INA Section 212(i)(l).  In addition to the equities presented, the USCIS may consider the nature of the fraud or misrepresentation. 

There is a seminal BIA case that deals with this waiver.  In Matter of Cervantes, 22 I & N Dec. 560 (BIA 1999), the BIA identified the factors to be considered in determining whether a qualifying relative would suffer extreme hardship if the alien were denied admission.  Those factors include: the presence of LPR or USC family ties both within and outside the United States; the conditions in the country to which the qualifying relative would relocate and the extent of the qualifying relative’s ties to that country; the financial impact of departure from the United States; and significant conditions of health, particularly when tied to an unavailability of suitable medical care in the country to which the qualifying relative would relocate.    

Our client’s I-601 application has a good chance since our client’s U.S. Citizen wife suffers from physical pains emanating from her surgery and some incidents in the past.  Thus, in I-601 brief in support, our office included extensive medical reports of his wife. We argued that if he is removed from the United States, extreme hardship to his wife is clearly foreseeable and evident.  His wife needs consistent and continuous physical therapy to help deal with her pain. Also, it would be extremely difficult for her to get the same level of physical therapy and satisfactory access to medical services in the Philippines in case she joins our client there.

In our brief, we also contended that our client and his wife have maintained strong family ties in the United States, that his wife will have extreme difficulty to find the same level of occupation in the Philippines, that his wife will face extreme financial and emotional difficulties if she is removed.

On May 2, 2012, our client and his wife appeared at an interview at the Chicago USCIS Field Office.  Subsequently, one year later, the USCIS requested another interview for our client to appear at the USCIS Chicago Field Office. Our client appeared at the USCIS office on November 5, 2013 and on both occasions, our attorneys accompanied our client.

Eventually, his I-601 waiver application was approved on July 10, 2015. 

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CASE:   I-601A Provisional Unlawful Presence Hardship Waiver of Inadmissibility

APPLICANT / BENEFICIARY: Guatemalan

LOCATION: Cleveland, Ohio

Our client came to the United States from Guatemala in January 2000 without inspection and admission. He married his U.S. citizen wife in 2006. They have two U.S. citizen children together.  His U.S. Citizen wife filed an I-130 petition for him on March 4, 2009. This I-130 petition was approved on June 5, 2009.

Our client cannot file for adjustment of status application due to his ground of inadmissibility. He needs a waiver of inadmissibility to become a green card holder. Moreover, our client was placed in removal proceedings, but with our office’s assistance, his removal proceedings were administratively closed in December 2013 to file a provisional waiver application.

Under current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return to the United States.

In 2013, the USCIS announced of new policy called the provisional unlawful presence waiver. Beginning March 4, 2013, certain immigrant visa applicants who are spouses, children and parents of U.S. citizens (immediate relatives) can apply for provisional unlawful presence waivers before they leave the United States. The provisional unlawful presence waiver process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver in the United States.

The new process is expected to shorten the time U.S. citizens are separated from their immediate relatives while those family members are obtaining immigrant visas to become lawful permanent residents of the United States.

INA § 212(i) provides for a discretionary waiver of the entry without inspection inadmissibility ground. To qualify for the waiver, the alien must establish that his or her US Citizen spouse would suffer extreme hardship if the alien were denied admission. INA § 212(i)(1). In addition to the equities presented, the USCIS may consider the nature of the inadmissibility ground.

There is a seminal BIA case that deals with this waiver.  In Matter of Cervantes, 22 I & N Dec. 560 (BIA 1999), the BIA identified the factors to be considered in determining whether a qualifying relative would suffer extreme hardship if the alien were denied admission.  Those factors include: the presence of LPR or USC family ties both within and outside the United States; the conditions in the country to which the qualifying relative would relocate and the extent of the qualifying relative’s ties to that country; the financial impact of departure from the United States; and significant conditions of health, particularly when tied to the unavailability of suitable medical care in the country to which the qualifying relative would relocate.

Our client’s I-601A application had a good chance since our client’s U.S. Citizen wife and son suffer from a great degree of medical hardship. In the I-601A brief and supporting documents, our office included extensive medical reports of his wife and his son.  We argued that if he was removed from the United States, extreme hardship to his wife is clearly foreseeable and evident.  His wife has ongoing medical hardships and she would not be able to take care of her own needs and the bulk of their family chores, most importantly taking care of their children. Also, it would be extremely difficult for her to get the same level of therapy and satisfactory access to medical services in Guatemala in case she joins our client there.

In our brief, we also argued that our client and his wife have maintained strong family ties in the United States, that his wife will have difficulty in finding the same level of employment in Guatemala, that our client has good employment in the United States, and that his U.S. citizen child and his wife will face extreme financial and emotional difficulties if he is removed.

On March 11, 2015, we filed the I-601A waiver application which included the brief in support, his wife and son’s extensive medical examination records, and other documents that demonstrated hardship to his wife if he is removed from the United States.

However, on May 13, 2015, the USCIS issued a Request for Evidence (RFE) for our client’s case. USCIS explicitly requested our client to submit more evidence to prove extreme hardship to his U.S. citizen wife if he is forced to relocate in Guatemala. In response to this RFE, our office prepared a response brief along with more medical evidence of our client’s U.S. citizen wife. Our office filed the response to RFE on June 12, 2015.

Eventually, his I-601A waiver was approved on June 22, 2015. Now, he can file packet 3 and 4 here in the United States, and would go to Guatemala shortly to get his immigrant visa.

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CASE:   I-601A Hardship Waiver of Inadmissibility

APPLICANT / BENEFICIARY: Guatemalan

LOCATION: Ohio

Our client came to the United States from Guatemala in February 2005 without inspection and admission. He married his U.S. citizen wife in 2012. His U.S. Citizen wife filed an I-130 petition for him on January 24, 2013. This I-130 petition was approved on March 4, 2013.

Our client cannot file for adjustment of status application due to his ground of inadmissibility. He needs a waiver of inadmissibility to become a green card holder.

Under current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return to the United States

In 2013, the USCIS announced of new policy called the provisional unlawful presence waiver. Beginning March 4, 2013, certain immigrant visa applicants who are spouses, children and parents of U.S. citizens (immediate relatives) can apply for provisional unlawful presence waivers before they leave the United States. The provisional unlawful presence waiver process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver in the United States.

The new process is expected to shorten the time U.S. citizens are separated from their immediate relatives while those family members are obtaining immigrant visas to become lawful permanent residents of the United States.

INA § 212(i) provides for a discretionary waiver of the entry without inspection inadmissibility ground. To qualify for the waiver, the alien must establish that his or her US Citizen spouse would suffer extreme hardship if the alien were denied admission. INA § 212(i)(1). In addition to the equities presented, the USCIS may consider the nature of the inadmissibility ground.

There is a seminal BIA case that deals with this waiver.  In Matter of Cervantes, 22 I & N Dec. 560 (BIA 1999), the BIA identified the factors to be considered in determining whether a qualifying relative would suffer extreme hardship if the alien were denied admission.  Those factors include: the presence of LPR or USC family ties both within and outside the United States; the conditions in the country to which the qualifying relative would relocate and the extent of the qualifying relative’s ties to that country; the financial impact of departure from the United States; and significant conditions of health, particularly when tied to the unavailability of suitable medical care in the country to which the qualifying relative would relocate.

Our client’s I-601A application had a good chance since our client’s U.S. Citizen wife suffers from a great degree of medical hardship. In the I-601A brief and supporting documents, our office included extensive medical reports of his wife.  We argued that if he was removed from the United States, extreme hardship to his wife is clearly foreseeable and evident.  His wife has ongoing medical hardships and she would not be able to take care of her own needs and the bulk of their family chores, most importantly taking care of their children (our client’s step-children). Also, it would be extremely difficult for her to get the same level of therapy and satisfactory access to medical services in Guatemala in case she joins our client there.

In our brief, we also argued that our client and his wife have maintained strong family ties in the United States, that his wife will have difficulty in finding the same level of employment in Guatemala, that our client has good employment in the United States, and that his U.S. citizen child and his wife will face extreme financial and emotional difficulties if he is removed.

On January 13, 2015, we filed the I-601A waiver application which included the brief in support, his wife’s extensive medical examination records, and other documents that demonstrated hardship to his wife if he is removed from the United States.

However, on March 9, 2015, the USCIS issued a Request for Evidence (RFE) for our client’s case. USCIS explicitly requested our client to submit more evidence to prove extreme hardship to his U.S. citizen wife if he is forced to relocate in Guatemala. In response to this RFE, our office prepared a response brief along with more medical evidence of our client’s U.S. citizen wife. Our office filed the response to RFE on April 7, 2015.

Eventually, his I-601A waiver was approved on June 9, 2015. Now, he can file packet 3 and 4 here in the United States, and would go to Guatemala shortly to get his immigrant visa.

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CASE:   Immigrant Visa / I-601A Hardship Waiver of Inadmissibility

APPLICANT / BENEFICIARY: Mexican

LOCATION: Ohio / Ciudad Juarez, Mexico (Visa Interview)

Our client came to the United States from Mexico in July 2003 without inspection and admission. When he made his entry to the U.S., he was only 16 year old.

He married his U.S. citizen wife in 2011 and they have a U.S. citizen child together. Through our office’s assistance, his U.S. Citizen wife filed an I-130 petition for him on July 19, 2013. This I-130 petition was approved on January 15, 2014.

However, our client cannot file for adjustment of status due to his ground of inadmissibility. He needs a waiver of inadmissibility to become a green card holder – a 601A provisional waiver.

Under current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return to the United States

Last year, the USCIS announced of new policy called the provisional unlawful presence waiver. Beginning March 4, 2013, certain immigrant visa applicants who are spouses, children and parents of U.S. citizens (immediate relatives) can apply for provisional unlawful presence waivers before they leave the United States. The provisional unlawful presence waiver process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver in the United States.

The new process is expected to shorten the time U.S. citizens are separated from their immediate relatives while those family members are obtaining immigrant visas to become lawful permanent residents of the United States.

INA § 212(i) provides for a discretionary waiver of the entry without inspection inadmissibility ground. To qualify for the waiver, the alien must establish that his or her US Citizen spouse would suffer extreme hardship if the alien were denied admission. INA § 212(i)(1). In addition to the equities presented, the USCIS may consider the nature of the inadmissibility ground.

There is a seminal BIA case that deals with this waiver.  In Matter of Cervantes, 22 I & N Dec. 560 (BIA 1999), the BIA identified the factors to be considered in determining whether a qualifying relative would suffer extreme hardship if the alien were denied admission.  Those factors include: the presence of LPR or USC family ties both within and outside the United States; the conditions in the country to which the qualifying relative would relocate and the extent of the qualifying relative’s ties to that country; the financial impact of departure from the United States; and significant conditions of health, particularly when tied to the unavailability of suitable medical care in the country to which the qualifying relative would relocate.

Our client’s I-601A application had a good chance since our client’s U.S. Citizen wife suffers from a great degree of medical hardship. Also, his U.S. citizen son has medical hardships as well. In the I-601A brief and supporting documents, our office included extensive medical reports of his wife.  We argued that if he was removed from the United States, extreme hardship to his husband is clearly foreseeable and evident.  His wife has ongoing medical hardships and she would not be able to take care of her own needs and the bulk of their family chores, most importantly taking care of their young child. Also, it would be extremely difficult for her to get the same level of therapy and satisfactory access to medical services in Mexico in case she joins our client there.

In our brief, we also argued that our client and his wife have maintained strong family ties in the United States, that his wife will have difficulty in finding the same level of employment in Mexico, that our client has good employment in the United States, and that his U.S. citizen child and his wife will face extreme financial and emotional difficulties if he is removed.

On August 14, 2014, we filed the I-601A waiver application which included the brief in support, his wife’s extensive medical examination records, and other documents that demonstrated hardship to his wife if he is removed from the United States.

Eventually, his I-601A waiver was approved on October 22, 2014.

Once his I-601A waiver was approved, he retained our office again for his immigrant visa processing. Our office prepared and filed his immigrant visa application on November 26, 2014. In February 2015, the U.S. Consulate in Ciudad Juarez, Mexico informed our office that they scheduled an immigrant visa interview for our client. Our client went back to Mexico to appear at his interview on March 5, 2015. On March 5, 2015, our client appeared at his immigrant visa interview at the Consulate, and the Consulate officer approved his immigrant visa on the same day.

Now, our client is back in the United States with an approved immigrant visa and he will get his green card in the mail within two weeks.

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CASE:   I-601 Hardship Waiver of Inadmissibility

APPLICANT / BENEFICIARY: Mexican

LOCATION: I-130 petitioner is in Pittsburgh, PA and I-601 beneficiary is in Juarez, Mexico

Our client came to the United States from Mexico in February 2002 without inspection and admission. Later, he married his U.S. citizen wife in April 2012. In July 2012, his U.S. Citizen wife filed an I-130 petition for him and his biological children (Petitioner’s step-children) who were residing in Mexico. These I-130 petitions were approved on March 7, 2013. At the time of I-130 petition filing, they did not receive legal assistance from lawyers. Therefore, our client went back to Mexico to appear at his immigrant visa interview despite the fact that he had entry bar because of his unlawful presence and illegal entry to the U.S.

In February 2014, our client and his two children had an interview at the U.S. Consulate Office in Mexico. The step-children’s immigrant visas were approved. However, for our client, he was asked to file a 601 waiver of inadmissibility, due to his illegal entry in 2002 and illegal stay in the United States.  To get legal assistance for this I-601 waiver for our client, our client’s wife contacted our office in February and retained our office on February 27, 2014.

Under current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return to the United States

INA § 212(i) provides for a discretionary waiver of the entry without inspection inadmissibility ground. To qualify for the waiver, the alien must establish that his or her US Citizen spouse would suffer extreme hardship if the alien were denied admission. INA § 212(i)(1). In addition to the equities presented, the USCIS may consider the nature of the inadmissibility ground.

There is a seminal BIA case that deals with this type of waiver.  In Matter of Cervantes, 22 I & N Dec. 560 (BIA 1999), the BIA identified the factors to be considered in determining whether a qualifying relative would suffer extreme hardship if the alien were denied admission.  Those factors include: the presence of LPR or USC family ties both within and outside the United States; the conditions in the country to which the qualifying relative would relocate and the extent of the qualifying relative’s ties to that country; the financial impact of departure from the United States; and significant conditions of health, particularly when tied to the unavailability of suitable medical care in the country to which the qualifying relative would relocate.

Our client’s I-601 application had a good chance since our client’s U.S. Citizen wife suffers from a great degree of financial, medical, and psychological hardships. In the I-601 brief and supporting documents, our office included extensive documentation to support her hardship. We argued that if he was removed from the United States, extreme hardship to his wife is clearly foreseeable and evident.  His wife has ongoing hardships and she would not be able to take care of her own needs and the bulk of their family chores. Also, it would be extremely difficult for her to get the financial ability in Mexico in case she joins our client there.

In our brief, we also argued that our client and his wife have maintained strong family ties in the United States, that his wife will have difficulty in finding the same level of employment in Mexico, that our client has good employment in the United States, and that his U.S. citizen wife will face extreme financial and emotional difficulties if he cannot come back to the United States.

On April 16, 2014, we filed the I-601 waiver application which included a brief in support and supporting documents that demonstrated hardship to his wife if our client is not able to come back to the United States.  However, on August 11, 2014, the USCIS issued a Request for Evidence (RFE) to our client and requested more supplemental documents to demonstrate the hardship that our client’s US citizen wife will face if he is barred to come back to the United States.  In response to the RFE, our office prepared a detailed Response to RFE brief along with our client’s affidavit and other documents to show his wife’s hardships. Our office filed the Response to RFE to the USCIS on October 20, 2014.

Eventually, his I-601 waiver was approved on October 25, 2014.

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CASE:   I-601A Hardship Waiver of Inadmissibility

APPLICANT / BENEFICIARY: Mexican

LOCATION: Ohio

Our client came to the United States from Mexico in July 2003 without inspection and admission. When he made his entry to the U.S., he was only 16 year old.

He married his U.S. citizen wife in 2011 and they have a U.S. citizen child together. Through our office’s assistance, his U.S. Citizen wife filed an I-130 petition for him on July 19, 2013. This I-130 petition was approved on January 15, 2014.

However, our client cannot file for adjustment of status application due to his ground of inadmissibility. He needs a waiver of inadmissibility to become a green card holder.

Under current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return to the United States

Last year, the USCIS announced of new policy called the provisional unlawful presence waiver. Beginning March 4, 2013, certain immigrant visa applicants who are spouses, children and parents of U.S. citizens (immediate relatives) can apply for provisional unlawful presence waivers before they leave the United States. The provisional unlawful presence waiver process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver in the United States.

The new process is expected to shorten the time U.S. citizens are separated from their immediate relatives while those family members are obtaining immigrant visas to become lawful permanent residents of the United States.

INA § 212(i) provides for a discretionary waiver of the entry without inspection inadmissibility ground. To qualify for the waiver, the alien must establish that his or her US Citizen spouse would suffer extreme hardship if the alien were denied admission. INA § 212(i)(1). In addition to the equities presented, the USCIS may consider the nature of the inadmissibility ground.

There is a seminal BIA case that deals with this waiver.  In Matter of Cervantes, 22 I & N Dec. 560 (BIA 1999), the BIA identified the factors to be considered in determining whether a qualifying relative would suffer extreme hardship if the alien were denied admission.  Those factors include: the presence of LPR or USC family ties both within and outside the United States; the conditions in the country to which the qualifying relative would relocate and the extent of the qualifying relative’s ties to that country; the financial impact of departure from the United States; and significant conditions of health, particularly when tied to the unavailability of suitable medical care in the country to which the qualifying relative would relocate.

Our client’s I-601A application had a good chance since our client’s U.S. Citizen wife suffers from a great degree of medical hardship. Also, his U.S. citizen son has medical hardships as well (can’t me the qualifying relative, but still an argument that could be imputed to his US Citizen wife).

In the I-601A brief and supporting documents, our office included extensive medical reports of his wife.  We argued that if he was removed from the United States, extreme hardship to his husband is clearly foreseeable and evident.  His wife has ongoing medical hardships and she would not be able to take care of her own needs and the bulk of their family chores, most importantly taking care of their young child. Also, it would be extremely difficult for her to get the same level of therapy and satisfactory access to medical services in Mexico in case she joins our client there.

In our brief, we also argued that our client and his wife have maintained strong family ties in the United States, that his wife will have difficulty in finding the same level of employment in Mexico, that our client has good employment in the United States, and that his U.S. citizen child and his wife will face extreme financial and emotional difficulties if he is removed.

On August 14, 2014, we filed the I-601A waiver application which included a brief in support, his wife’s extensive medical examination records, and other documents that demonstrated hardship to his wife if he is removed from the United States.

Eventually, his I-601A waiver was approved on October 22, 2014. Now, he can file packet 3 and 4 here in the United States, and would go to Mexico shortly to get his immigrant visa.

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