Client Approval: I-601A Provisional Waiver Approved for Peruvian with Multiple DUI Convictions

Our law office received approval of the I-601A Provisional Waiver that we prepared and submitted on behalf of a Peruvian client with multiple driving under the influence (DUI) of alcohol convictions on his record.

Our I-601A Provisional Waiver application package prepared by our law firm included a complete set of USCIS forms requesting consideration of the I-601A Provisional Waiver; a 27 page waiver statement detailing relevant case law favorable to my client’s situation presenting the extreme hardships that applied to this case; a waiver statement that went into compelling detail about the unique and favorable discretionary factors that applied to this case; and a comprehensive collection of exhibits to prove the extreme hardships and favorable discretionary factors being presented.

To be eligible for the I-601A Provisional Waiver for Unlawful Presence, an applicant must fulfill ALL of the following conditions:

1. Be 17 years of age or older.
2. Be the spouse, child, or adult child of a U.S. citizen or lawful permanent resident.
3. Have an approved Form I-130, Petition for Alien Relative, or Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
4. Have a pending immigrant visa case with the Dept. of State for the approved immediate relative petition and have paid the Dept. of State immigrant visa processing fee.
5. Be able to demonstrate that refusal of your admission to the United States will cause extreme hardship to your U.S. citizen or lawful permanent spouse or parent.
6. Be physically present in the United States to file your application for a provisional unlawful presence waiver and provide biometrics.
7. Not have been scheduled for an immigrant visa interview by Dept. of State before January 3, 2013.
8. You are inadmissible ONLY for unlawful presence in the United States for more than 180 days but less than 1 year during a single stay (INA Section 212(a)(9)(B)(i)(I)), or unlawful presence in the United States for 1 year or more during a single stay (INA Section 212(a)(9)(B)(i)(II).

An applicant is NOT eligible for the I-601A Provisional Waiver for Unlawful Presence if any of the following conditions apply:

1. You are subject to one or more grounds of inadmissibility other than unlawful presence.
2. You have a pending Form I-485 Application to Register Permanent Residence or Adjust Status with the USCIS
3. You are in removal proceedings, unless your removal proceedings have been administratively closed and have not been placed back on the Dept. of Justice, Executive Office for Immigration Review calendar to continue your removal proceedings at the time you file the Form I-601A.
4. You are subject to a final order of removal, deportation, or exclusion, or to the reinstatement of a prior order of removal, deportation, or exclusion
5. You are subject to a Dept. of Homeland Security (DHS) order reinstating a prior order of removal, deportation, or exclusion
6. Dept. of State initially acted before January 3, 2013, to schedule your Immigrant Visa (IV) interview for the approved immediate relative petition upon which your provisional unlawful presence waiver application is based, even if your immigrant visa interview has been canceled, you failed to appear for the interview, or your interview was rescheduled on or after Jan. 3, 2013.
7. You fail to establish that the refusal of your admission would result in extreme hardship to your U.S. citizen spouse or parent, or that your application should be approved as a matter of discretion

In this case, the applicant is a Peruvian national who grew up in a crime-ridden, drug-lord controlled region of Peru. His father, a police officer, was killed in the line of duty when he was a young child.  His mother abandoned his family when he was a teenager.  He undertook the tremendous responsibility to care for his siblings (and later, other young relatives) as a teenager and did so without falling prey to the illicit activities that surrounded him.

He later entered the U.S. to provide a more secure for the family members (still in Peru).  He was convicted of driving under the influence of alcohol in two separate incidents.  Since those incidents, he entered into a treatment program that he completed with a stellar recommendation from his rehabilitation group counselor; attended school when not working to learn English; volunteered as a tutor at a local community college; became involved with a non-profit organization; and works diligently to this day to support his U.S. citizen wife and child.

All of this was presented in a powerful and persuasive manner, together with the extreme hardship factors, to convey the unique nature of this case.  As with all of our I-601, I-601A, I-212, and 212(d)(3) waiver cases, we specialize in going beyond the legal standard and presenting the compelling human element of each case so that our client’s case does not become “just another case file” in the eyes of the adjudicating USCIS officer.

The extreme hardship factors discussed and documented in detail by our office includes:

• The medical condition of the U.S. citizen wife that includes a serious medical illness with severe physical repercussions
• The debilitating psychological disorders of the U.S. citizen wife
• The total dependence of the U.S. citizen wife on her husband for financial and child-care assistance, without which she would suffer financial collapse
• The serious medical condition of her U.S. citizen father, who the U.S. citizen wife will be called upon to support and care for at any time, as his state inevitably worsens
• In-depth research and discussion of the country conditions of Peru and the variety of hardships and dangers likely to be faced by this family should they re-locate there
• The close-knit and interrelated relationships between the family members that would lead to a spiral of psychological distress upon the entire family should the applicant be forced to return to Peru

As a result of our efforts, the I-601A provisional waiver was approved for our client despite multiple DUI convictions on his record.  Our client will now be able to obtain U.S. lawful permanent resident status and more importantly, provide a better life for his wife, child, and family members still remaining in Peru.