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.