212 Waiver Legal News: AAO Approves I-212 Waiver and I-601 Extreme Hardship Waiver

212 Waiver Approved - Extreme Hardship Waiver Approved

The applicant is a citizen of Albania who entered the U.S. on a false Greek passport.  After denial of his applications for asylum and withholding of removal, he was removed from the United States.  He was deemed inadmissible to the United States based on having used fraudulent documents and his unlawful presence of more than one year under Sections 212(a)(6)(C)(i) and 212(a)(9)(B)(i)(II) of the Immigration & Nationality Act.  He also required consent to reapply for admission to the United States until 10 years have passed due to having been removed from the United States.

Section 212(a)(6)(C)(i) of the INA provides that:

Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

Section 212(i)(I) of the INA provides that:

The [Secretary] may, in the discretion of the [Secretary], waive the application of clause (i) of subsection (a)(6)(C) in the case of an alien who is the spouse, son, or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the [Secretary] that the refusal of admission to the United States of such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such an alien…

Section 212(a)(9)(B) of the INA provides that:

(i) In general – Any alien (other than an alien lawfully admitted for permanent residence) who –

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien’s departure or removal from the United States, is inadmissible.

(v) Waiver – The Attorney General [now the Secretary of Homeland Security (Secretary) has sole discretion to waive clause (i) in the case of an immigrant who is the spouse or son or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General (Secretary) that the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien…

The applicant in this case has three qualifying relatives for the purposes the I-601 Extreme Hardship waiver: his U.S. citizen spouse, his U.S. citizen mother, and his lawful permanent resident father.  He also required approval of the I-212 Consent to Reapply for Admission to the United States based his removal from the U.S.

This case contains so many factors deemed persuasive by the USCIS that I decided to list all them all below.  When evaluating the chances of your own extreme hardship waiver case, you should look to see whether the hardships and favorable factors found in this case can also be found in your own situation.  It is important to note that psychological and medical evaluations appear to have been done at multiple points in time.  Each evaluation showed a deterioration in the psychological and medical condition of the qualifying relative, thus adding credence to the claim that they are suffering extreme hardship in the absence of the applicant.

Please also keep in mind that each factor must be discussed in two scenarios: if the applicant and the qualifying relative are separated; or if the qualifying relative leaves the United States and re-locates to the applicant’s home country.  Additionally, each factor must be supported by reliable documentary evidence.  I routinely prepare I-601 and I-212 waiver letters that number at least 10-15 pages with voluminous evidence organized as exhibits to support the claims made in the extreme hardship waiver statement.

The favorable factors in this case are as follows:

  • Both parents of the applicant has type 2 diabetes and high cholesterol.
  • The applicant’s 63 year old father is hypertensive and has had 2 strokes.
  • The applicant’s 57 year old mother is being monitored for coronary heart disease and possible breast cancer, and has been diagnosed with major depression and anxiety as a result of separation from her son and related need to sell her restaurant.
  • The applicant, before his deportation, took his parents to their physicians, made sure they took their medication, and watched over them.
  • The applicant’s U.S. citizen is also intimately involved facilitating medical care for her in-laws.
  • The applicant’s U.S. citizen wife has been diagnosed with major depression, paranoia, and anxiety and suffers from insomnia, anxiety, and impaired daily functioning.  She has been prescribed medications.  Her substantial fears about separation from her daughter causes her to spend all day in-doors with her child, which has been described as unhealthy by their doctor.
  • The applicant’s father was laid off from his work, causing him and his wife to lose their health insurance coverage.
  • The applicant’s mother was forced to sell the family restaurant, largely because it was not possible to continue operating it without the applicant’s help .
  • The applicant’s wife spends 10-12 hours a day running a business owned by the applicant.  This business is suffering due to the applicant’s absence from the United States.  It is the sole source of the applicant’s wife income, and she has been forced to move in with her in-laws because she doesn’t have money to afford her own place.
  • The applicant helped his mother and father make payments on their home mortgage.  With the sale of the applicant’s mother’s restaurant and his own business suffering in his absence, there is not enough income to meet the monthly mortgage payments.  As a result, his mother, father, wife and child are at risk of losing their home.
  • The applicant’s father sold everything when he left Albania and has nothing left there.  He is also a lawful permanent resident and would lose his LPR status if he re-locates to Albania to be with the applicant.
  • The applicant’s wife’s parents both live in the United States.
  • The Dept. of State states that healthcare in Albania falls short of U.S. standards, and acknowledges that emergency and major medical care requiring surgery outside Tirana (the capital of Albania) is particularly problematic.
  • When the applicant’s wife and their infant daughter visited Albania, the daughter fell sick with bronchial pneumonia.
  • The Dept. of State states that organized crime, street crime, and violence in Albania are a significant problem and increased in recent years.
  • There are limited work opportunities for women in Albania.  Additionally, the applicant’s parent’s old age and declining health makes their employment prospect also limited.
  • The applicant has no criminal record and has resided in the United States for over 12 years.
  • The applicant has worked, paid his taxes, and and creating jobs for U.S. workers during his stay inside the United States.
  • The applicant has resided for over 2 1/2 years abroad after being deported from the U.S.