H-1B VISA is a temporary specialty occupation visa for U.S. companies who want to hire non-U.S. citizens. These visas are very useful for industries...
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Success Stories: NC Office Obtains I-601 Waiver for Client
August 19, 2014
Our office was successful in obtaining an I-601 waiver for a client whose case had been pending over nine years, first with the Immigration Service and then with the Immigration Court. The client came to our office after working with several attorneys and after having been placed in removal proceedings before the Immigration Judge.
The client was married to a U.S. citizen and sought adjustment of status to lawful permanent residence based on his marriage. However, the client was inadmissible to the U.S. based on a misrepresentation he made while applying for political asylum many years ago. Section 212(i) of the Immigration and Nationality Act (INA) provides a discretionary waiver for immigrants who are subject to a ground of inadmissibility based on fraud or misrepresentation in procuring or attempting to procure an immigration benefit, such as giving false information to an immigration official or on an immigration form. To be eligible for the waiver, the client must convince the U.S. Citizenship and Immigration Services (USCIS) or an Immigration Judge that if they were not granted lawful permanent resident status, then their qualifying relative, such as a U.S. citizen spouse, will suffer “extreme hardship.”
Extreme hardship is a legal term analyzed by the Board of Immigration Appeals (BIA) in Matter of Cervantes. The BIA lists many factors to consider in determining whether “extreme hardship” exists.