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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I-601 WAIVER SUCCESS STORY FROM OUR DC OFFICE
January 29, 2015
Associate Attorney Abhinav Goel and Partner Lisa Brenman of our DC office were successful in obtaining an I-601 waiver for a client from India. The client came to our office after working with several attorneys.
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 a tourist visa on the advise of a local agent in India. 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. To establish “extreme hardship” in this case, our office submitted over 300 pages of evidence and prepared the client and witnesses for testimony. We successfully demonstrated that the refusal of our client’s admission will result