A client came to our office seeking assistance for a I-601 waiver of Grounds of Inadmissibility and I-212 (Permission to Reapply for Admission into U.S.) after she was banned from admission due to unlawful presence. The client was brought to the United States at the age of 5 by her parents due to political unrest in her home country. She was raised in the U.S. and even went on to pursue advanced educational degrees. In August 2009, she returned to her country of origin to pursue a medical degree not aware of the consequences she would later face.
Our client, a U.S. citizen, filed Form I-130 (Petition for Alien Relative) for his alien spouse so that she could enter the U.S. as a legal permanent resident. The I-130 was approved and the client subsequently submitted the necessary fees and documents to the National Visa Center. The client and his spouse were scheduled for an interview in their country of origin. Unfortunately, they were denied under Section 212(a)(a) as she had been unlawfully present in the U.S. for more than 365 days and the client’s spouse was subject to a 10-year bar to admissibility.
What We Did:
Client came to our firm seeking assistance with the I-601 and I-212 submission. Client’s spouse was eligible for a waiver of Ground of Inadmissibility pursuant to Section 212(a)(9) by demonstrating that the immediate relative (spouse) was a U.S. citizen, that they would experience extreme hardship and that she warranted a favorable exercise of discretion. Our attorneys drafted a detailed brief explaining the situation and exemplifying why the client deserved a favorable decision. We submitted an affidavit from the U.S. citizen spouse detailing the extreme hardship faced by both parties, in addition to the client’s medical condition which could worsen. We detailed the extreme hardship by highlighting the conditions present in the client’s home country, availability of medical aid, and how she would be an overall asset in the U.S. with her various degrees.
We’d like to note that not all evidence required when submitting an I-601 waiver needs to be focused on extreme medical necessity. Factors may also include things like future employability, fewer opportunities for quality education, and personal ties like the one demonstrated above.
After submitting the appropriate documentation indicating extreme hardship, the waiver package was approved and she was granted a visa at the U.S. embassy overseas and subsequently entered the country as a legal permanent resident. We are pleased to share this success story with our readers and are happy to assist clients who find themselves in similar predicaments or any other immigration related matter. Contact us for a consultation to review your options.