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

Client Approval: I-601 Waiver for Crime Involving Moral Turpitude Approved in 11 Days

May 7, 2015 By Michael Cho Immigration Lawyer Leave a Comment

Client Approval: I-601 "Extreme Hardship" Waiver for Crime of Moral Turpitude Approved in 11 Days After Responding to Request for Evidence

Our office received approval of the I-601 Application of Waiver of Grounds of Inadmissibility for a citizen of South Korea who was subject to a life-time bar from being admitted to the United States for conviction of a crime involving moral turpitude under INA Section 212(a)(2)(A)(i)(I).  Our client was previously convicted of a crime involving insurance fraud and sentenced to one-year probation.

Our office was contacted after the South Korean wife and her U.S. citizen husband prepared and filed for the I-601 Waiver on their own after the applicant was deemed inadmissible at her consular interview which took place at the U.S. Embassy in Seoul.  Their “self-prepared” I-601 Waiver triggered a comprehensive “Request for Evidence” from the USCIS stating that the couple had failed to adequately establish and prove “extreme hardship.”

This was a particularly difficult case because the U.S. citizen husband already resides in South Korea with his wife, thus requiring us to overcome the assumption that any hardship he is suffering is not extreme since he has already re-located outside of the U.S.

The Request for Evidence from the USCIS specifically stated the following:

This office may approve a waiver of the inadmissibility ground(s) under section 212(h) of the INA, if you can show that either:

• You have a qualifying relative who is a U.S. citizen or lawful permanent resident of the United States; and
• Your qualifying relative would suffer extreme hardship on account of your ineligibility to immigrate; and
• Your application should be granted as a matter of discretion, with the favorable factors outweighing the unfavorable factors in your case.

In addition to the above requirements, if an applicant has been convicted of a violent or dangerous crime, USCIS will not waive the inadmissibility as a matter of discretion unless the individual can show an extraordinary circumstance, such as:

• One involving national security or policy considerations; or

• If the denial of your admission would result in exceptional and extremely unusual hardship.

Your application does not include sufficient evidence to establish that your qualifying relative spouse, your U.S.-born husband, [Name Withheld], would suffer extreme hardship if you are refused admission to the United States. Also, it has not yet been established that it would be an extreme hardship if your husband were to remain in the United States apart from you. And, it has also not yet been explained or established by your husband why it would be an extreme hardship for him to relocate outside of the United States to be with you and your infant daughter in South Korea.  “Extreme hardship” is beyond that which normally does occur in any visa denial. Family separation and the loss of support, while undoubtedly difficult, are not, in and of themselves an “extreme hardship.”

Extreme hardship is not a term of”fixed and inflexible meaning”; establishing extreme hardship is “dependent upon the facts and circumstances of each case.” Matter of Cervantes-Gonzalez, 22 I&N Dec. 560, 565 (BIA 1999). The Board of Immigration Appeals (BIA) in Matter of Cervantes-Gonzalez lists the factors it considers relevant in determining whether an applicant has established extreme hardship. The factors include :

• Presence of a lawful permanent resident or U.S. citizen spouse or parent in this country;
• Qualifying relative’s family ties outside the United States;
• Conditions in the country or countries to which the qualifying relative would relocate and the
extent of the qualifying relative’s ties in such countries;
• Financial impact of departure from this country; 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. ld. at 565-566.

The BIA indicated that these factors relate to the applicant’s “qualifying relative.” ld. at 565-566.  In Matter of O-J-0-, 2 1 I&N Dec. 38 1, 383 (BIA 1996), the BIA stated that the factors to consider in determining whether extreme hardship exists “provide a framework for analysis,” and that the “[r]elevant factors, though not extreme in themselves, must be considered in the aggregate in determining whether extreme hardship exists.” It further stated that “the trier of fact must consider the entire range of factors concerning hardship in their totality” and then “determine whether the combination of hardships takes the case beyond those hardships ordinarily associated with deportation.” (citing Matter of lge, 20 I&N Dec. 880, S82 (BIA 1994 ).

Beyond simply responding to the Request for Evidence, we prepared an entirely new I-601 “extreme hardship” waiver, including a thorough legal and factual discussion of the extreme hardships relevant to this case.  A detailed table of exhibits providing objective proof of every crucial assertion made in our waiver was also included, as it is with all of our waiver applications.  Our I-601 waiver was subsequently approved in 11 days to the enormous relief of our clients.

In order to overcome the initial opinion of the USCIS, I initiated our firm’s comprehensive process for preparation of powerful and effective immigration waiver applications.  I forwarded our Extreme Hardship Worksheet to my clients, which contains questions designed to elicit extreme hardships and other persuasive factors.  I also recommended the couple to a clinical psychologist well-versed in preparing psychological evaluations for immigration waivers and who offers a significantly discounted fee for my clients (please refer to my post on the elements of a powerful psychological evaluation for I-601 waiver applications for more details).

We made sure every single facet of their case was documented and that the objections raised by the USCIS in their Request for Evidence was fully addressed to maximize the chances of approval.

Once we identified the most important factors of the case, we prepared a comprehensive legal brief going over how the facts and circumstances of my client’s situation met the legal standards used to define “extreme hardship.”

We focused on the medical conditions of the U.S. citizen husband and his U.S. citizen mother, and how the U.S. citizen’s husband’s physical and psychological state would worsen in two scenarios: if he remained in the U.S. without his wife; or if he permanently re-located to South Korea to be with his wife, abandoning his ill U.S. citizen mother who has no one else to help care for her.

I also discussed and presented evidence of my client’s rehabilitation, good moral character, and her overall dedication as a wife and mother who is integral to the daily care of her ill U.S. citizen husband and their infant daughter.

The favorable factors in this case included the following:

  • The U.S. citizen husband suffers from Generalized Anxiety Disorder and Dysthymic Disorder, both major mental disorders recognized by the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition
  • There is a long history of mental illness in the U.S. citizen husband’s family, especially with regard to his mother who has struggled with depression, manic depression, and anxiety most of her life.
  • The U.S. citizen husband developed two medical conditions, allergic asthma and allergic rhinitis, due to the high levels of air pollution in South Korea.
  • The U.S. citizen husband’s mother suffers from Stage 3 Lyme’s disease, as well as severe pain caused by fibromyalgia and degenerative disc disease of her spine.  She also suffers from hypothyroidism caused by Hashimoto’s disease, a serious autoimmune disease. She has no one else to help take care of her aside from her son.
  • The U.S. citizen husband’s mother desperately needs to take strong antibiotics to treat the Lyme disease that continues to spread throughout her body, but cannot risk the side effects from the drugs without her son living nearby to aid her should the side effects incapacitate her.
  • The U.S. citizen husband and his South Korean wife do not earn enough to meet their monthly financial expenses.  The U.S. citizen husband is thus unable to afford visits to the U.S. to take care of his mother as her physical and psychological state deteriorates.

As a result of our assistance, this I-601 waiver was approved and the family can now reside together in the U.S.

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, Crime of Moral Turpitude, Criminal Convictions, Extreme Hardship, I-601 Waivers, Inadmissibility, South Korea, Spouse Visa, 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