I-601 WAIVER SUCCESS STORY FROM OUR DC OFFICE

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 in extreme hardship to his U.S. citizen spouse. The waiver application was supported by letters from family and friends of the U.S. citizen and our client, and U.S. Citizen's medical, financial, and psychological records. This evidence supported a finding that our client’s U.S. citizen spouse will experience medical, psychological, emotional, and financial difficulties if our client was removed from the United States. Additionally, we demonstrated that our client's U.S. citizen spouse would experience hardship if she relocated to India due to current country conditions, separation from family members in the United States, language and cultural difficulties, as well as her educational and medical issues.

Even after presenting all the supporting evidence to establish extreme hardship, the waiver applicant must also prove to the Immigration Court or USCIS that they merit a favorable exercise of discretion. We were able to prove that our client's U.S. citizen spouse would suffer extreme hardship and that our client merited a favorable exercise of discretion based on the totality of the circumstances, weighing the fraud against the hardship to the U.S. citizen spouse.

I-601 waivers can be very complicated and approval can be difficult. In preparing your application, be sure to obtain the assistance of an immigration attorney experienced in I-601 waivers. Call us at 919-932-4593 or email us at info@visas-us.com if you have any questions related to an I-601 waiver.


Featured Posts
Recent Posts
Archive
Search By Tags
No tags yet.
Follow Us
  • Facebook Basic Square
  • Twitter Basic Square
  • Google+ Basic Square

Subscribe to Brenman Immigration Law Updates

North Carolina:       976 Martin Luther King, Jr. Blvd, 2nd Floor, Chapel Hill, NC - Cornerstone Building - BY APPOINTMENT ONLY

 | Ph: 1-919-932-4593 | Fax: 1-919-942-8674 , Web: visas-us.com 

FOLLOW US:

  • YouTube Clean
  • Google+ Clean
  • w-facebook
  • LinkedIn Clean
  • Twitter Clean

© 2018 by Brenman Immigration Law Firm, PLLC.

 

DISCLAIMER: Brenman Immigration Law Firm is located in Chapel Hill, North Carolina.  We serve clients in Washington, DC, Virginia, Maryland, North Carolina, and nationwide.  Our practice is limited to Federal Immigration Law only. 

 

All material contained herein is for informational purposes only. They are not offered as legal or any other advice on any particular matter. Viewing or transmitting this information does not create nor constitute an attorney-client relationship between Brenman Immigraton Law Firm, PLLC, and the user.  The Firm and the attorneys expressly disclaim all liability to any person in respect of anything and in respect of the consequences of anything done or omitted to be done wholly or partly in reliance upon the whole or any part of the contents of this web site. Reproduction of part or all of the contents in any form is prohibited other than for individual use only and may not be recopied and shared with a third party.  The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.  The site contains links to servers maintained by other business and organizations which is intended to aid research or provide a service to site visitors.  The Firm cannot provide any warranty as to the accuracy or source of information contained on any of these servers.