Smart Immigration Lawyer

  • About Me
  • My Services
  • Free Consultation
  • Our Offices
  • Blog
  • Client Reviews
  • Fiance Visa
    • Introduction to the K-1 Fiance Visa
    • Legal Requirements for the K-1 Fiance Visa
    • How Much It Costs
    • Why Hire Me
    • How You Can Get Started
  • Spouse Visa
    • Introduction to the Spouse Visa
    • Legal Requirements of the Spouse Visa
    • How Much It Costs
    • Why Hire Me
    • How You Can Get Started
  • Adjustment of Status
    • Introduction to Adjustment of Status
    • Legal Requirements for Adjustment of Status
    • How Much It Costs
    • Why Hire Me
    • How You Can Get Started
  • I-601 Waiver
    • Introduction to the I-601 Waiver
    • Legal Requirements of the I-601 Waiver
    • What is Extreme Hardship
    • How Much It Costs
    • Why Hire Me
    • How You Can Get Started
  • I-212 Waiver
    • Introduction to the I-212 Waiver
    • Legal Requirements of the I-212 Waiver
    • How Much It Costs
    • Why Hire Me
    • How You Can Get Started
    • I-212 Filing Locations
  • I-601A Provisional Waiver
    • Introduction to the I-601A Provisional Waiver
    • Legal Requirements of the I-601A Provisional Waiver
    • What is Extreme Hardship
    • I-601A Provisional Waiver Fee & Cost
    • Why Hire Me for the I-601A Provisional Waiver
    • How You Can Get Started on the I-601A Provisional Waiver
  • 212(d)(3) General Waiver
  • 212(h) Waiver for Crimes
  • Inadmissibility and Waivers Chart

I-601 Waiver Approved by Waiver Attorney Michael Cho

July 25, 2013 By Michael Cho Immigration Lawyer Leave a Comment

I-601 Waiver Approved

We received approval of a client’s immigrant visa petition and I-601 Application for Waiver of Grounds of Inadmissibility.  Our office  prepared and filed the I-130 petition, secured its approval, then put together a comprehensive I-601 waiver package that was submitted to the USCIS for adjudication.  The I-601 waiver was approved and our client obtained his immigrant visa at the U.S. consulate in Ciudad Juarez before returning to the U.S. as a lawful permanent resident.

Our client was a native of Mexico who entered the U.S. without inspection over 11 years ago.  He subsequently married a U.S. citizen and they had a daughter together.  He required the I-601 Application of Waiver of Grounds of Inadmissibility due to his unlawful presence of over 1 year inside the United States, which made him subject to the 10 year unlawful presence bar under INA Section 212(a)(9)(B).

An I-601 Application for Waiver of Grounds of Inadmissibility requires a showing that the applicant’s U.S. citizen spouse or parent would suffer “extreme hardship” if the applicant is refused admission into the United States.  “Extreme hardship” has a special meaning under U.S. immigration law.  The factors considered relevant in determining extreme hardship include:

  • Health of the qualifying relative: ongoing or specialized treatment requirements for a physical or mental condition; availability and quality of such treatment in the foreign national’s country, anticipated duration of the treatment; whether a condition is chronic or acute, or long or short-term.
  • Financial considerations: future employability; loss due to sale of home or business or termination of a professional practice; decline in standard of living; ability to recoup short-term losses; cost of extraordinary needs, such as special education or training for children; cost of caring for family members (i.e., elderly and infirm parents).
  • Education: loss of opportunity for higher education; lower quality or limited scope of education options; disruption of current program; requirement to be educated in a foreign language or culture with ensuing loss of time in grade; availability of special requirements, such as training programs or internships in specific fields.
  • Personal considerations: close relatives in the United States and/or the foreign national’s country; separation from spouse/children; ages of involved parties; length of residence and community ties in the United States.
  • Special considerations: cultural, language, religious, and ethnic obstacles; valid fears of persecution, physical harm, or injury; social ostracism or stigma; access to social institutions or structures.
  • Any other information that explains how your personal circumstances may qualify as imposing extreme hardship on a qualifying U.S. citizen or lawful permanent resident relative.

Spouses must demonstrate that their relationship will suffer more than the normal hardship or financial inconvenience caused by family separation.

In support of his I-601 waiver application, I prepared a comprehensive legal brief going over how the facts and circumstances of his situation met the legal standards used to define “extreme hardship.”  This brief was accompanied by supporting exhibits that provided proof of the statements made in the legal brief.

Factors in the favor of our client were the following:

  • Our client had no criminal record and was a law-abiding individual his entire life except for the immigration mistake he made to enter and live illegally inside the U.S.
  • His U.S. citizen wife had suffered from severe kidney and bladder infections her entire life.  We obtained a letter from her physician confirming her chronic condition and recommending regular check-ups and treatment inside the United States
  • Their daughter had been diagnosed with jaundice.  We obtained a letter from her physician confirming her illness and recommending regular check-ups inside the United States.
  • We provided a report of the Mexican health system and demonstrated that the U.S. citizen wife and daughter would not be able to receive reliable and adequate medical care for their conditions in rural Mexico where the Mexican husband was from.
  • The U.S. citizen wife and child received medical care in the United States through health insurance provided by the Mexican husband’s employment in the United States.  Without his presence and employment in the U.S., they would lose their medical coverage.  On the other hand, moving to Mexico would also mean no longer being able to obtain medical treatments since she could not afford private health insurance given their pre-existing conditions.
  • Our client was a devoted husband and father who took care of his U.S. citizen wife and child on a daily basis and worked hard to pay for their rent, food, and other living expenses.  They would suffer financial hardship without his presence given their health problems and the U.S. citizen wife serving as the primary care-giver for their young daughter.
  • We submitted a psychological report which diagnosed the U.S. citizen wife with Clinical Anxiety Disorder.  We showed the interrelationship between psychological and physical disease, and presented evidence to show that her condition would worsen without the presence of her husband together with her in the United States.

As a result of the I-601 waiver approval, this family now lives inside the United States as lawful, contributing citizens of the United States.

Share this:

  • Click to share on Facebook (Opens in new window) Facebook
  • Click to share on X (Opens in new window) X
  • Click to share on LinkedIn (Opens in new window) LinkedIn
  • Click to share on Tumblr (Opens in new window) Tumblr
  • Click to share on Reddit (Opens in new window) Reddit

Filed Under: Blog, Extreme Hardship, I-601 Waivers, Spouse Visa, Unlawful Presence, Waiver Approvals

Get Started Today

You may request a Free Immigration Consultation.

If you would like to speak with me immediately to begin a case with our firm today, please call 323.238.4620.

Check Out Our Client Reviews

Read what people like you are saying about us on Facebook in our Client Testimonials.

Recent Posts

  • Affirmative Relief Announcement by President Biden
  • I-601 Waiver for Fraud/Misrepresentation Approved, Inadmissibility for Crimes Involving Moral Turpitude Removed, after Successful Writ of Mandamus Federal Lawsuit
  • I-601 and I-212 Waivers Approved for U.S. Citizen Spouse and Mexican Spouse currently residing outside the United States
  • 212(d)(3) Non-Immigrant Waiver Approved for B-1/B-2 Visa Applicant Charged with Fraud/Misrepresentation and Conviction of Crimes involving Moral Turpitude
  • I-601 Waiver Pursuant to INA 212(h)(1)(A) and INA 212(h)(1)(B) Approved for Israeli Applicant Charged with Crimes involving Moral Turpitude

Blog Posts on Waivers

  • 212 Waiver News
  • 212(a)(2)(A)
  • 212(a)(2)(D)
  • 212(a)(3)(D)
  • 212(a)(6)(8)
  • 212(a)(6)(C)(i)
  • 212(a)(9)(A)(i)
  • 212(a)(9)(B)(i)(I)
  • 212(a)(9)(B)(i)(II)
  • 212(a)(9)(B)(v)
  • 212(a)(D)(iv)
  • 212(d)(3) Waivers
  • 212(g) Waiver
  • 212(h) Waiver
  • 212(i) Waiver
  • 601 Waiver News
  • Adjustment of Status
  • B-1 Business Visa
  • Colombia
  • Communist Party Membership
  • Controlled Substance Violation
  • Crime of Moral Turpitude
  • Criminal Admissions
  • Criminal Convictions
  • Discretion
  • Drug Conviction
  • DUI – Driving under the Influence
  • E-2 Treaty Investor
  • Entered Without Inspection
  • Exceptional Circumstances
  • Exceptional or Extremely Unusual Hardship
  • Expedited Approval
  • Expedited Removal
  • Extreme Hardship
  • Fiance Visa
  • Fiance Visa Approvals
  • Fraud
  • Health-related Ground of Inadmissibility
  • Humanitarian Parole
  • I-192 Waivers
  • I-212 Waivers
  • I-601 Appeal with AAO
  • I-601 Waivers
  • I-601A Provisional Waiver
  • IMBRA Waiver
  • Immigrant Intent
  • Inadmissibility
  • India
  • Israel
  • Marijuana
  • Misrepresentation
  • Nicaragua
  • Overstay
  • Petty Offense Exception
  • Physical or Mental Health Disorder Inadmissibility
  • Previous Removal
  • Prosecutorial Discretion
  • Prostitution
  • Removal Proceedings
  • Request for Evidence (RFE)
  • Romania
  • Spouse Visa
  • Turkey
  • Unlawful Presence
  • Violent or Dangerous Crimes
  • Waiver Approvals
  • Writ of Mandamus

Search

Get Answers Now

You may request a Free Immigration Consultation.

Check Out Our Client Reviews

Read what people like you are saying about us on Facebook in our Client Testimonials.

Recent Posts

  • Affirmative Relief Announcement by President Biden
  • I-601 Waiver for Fraud/Misrepresentation Approved, Inadmissibility for Crimes Involving Moral Turpitude Removed, after Successful Writ of Mandamus Federal Lawsuit
  • I-601 and I-212 Waivers Approved for U.S. Citizen Spouse and Mexican Spouse currently residing outside the United States
  • 212(d)(3) Non-Immigrant Waiver Approved for B-1/B-2 Visa Applicant Charged with Fraud/Misrepresentation and Conviction of Crimes involving Moral Turpitude
  • I-601 Waiver Pursuant to INA 212(h)(1)(A) and INA 212(h)(1)(B) Approved for Israeli Applicant Charged with Crimes involving Moral Turpitude
FacebookLinkedInTwitter
American Immigration Lawyers Association Los Angeles County Bar Association State Bar of California University of Chicago Law School

Copyright © 2025 Smart Immigration Lawyer. All Rights Reserved.

Privacy Policy | Cookie Policy