Client Approval: I-601A Provisional Waiver Approved for Honduran Spouse

We recently received approval of the I-601A Provisional Waiver that we prepared and submitted on behalf of a Honduran client who is married to his U.S. citizen spouse.

The 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 31 page waiver statement detailing relevant case law favorable to my client’s situation as well as the presenting the extreme medical, psychological, financial, and other hardships that compelled approval of our I-601A Provisional Waiver application;
• an expert emphasis on the unique and favorable discretionary factors that applied to this case based on our 12+ years of preparing winning “extreme hardship” waivers on behalf of our clients; and
• a comprehensive collection of organized 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 Honduran national who grew up in poverty, having lost both his parents at a young age and raised by his older sister.  He later entered the U.S. to escape the abject poverty and unchecked crime and violence of his home country.  He has worked productively in the U.S. upon his entrance to the country, has no criminal record whatsoever, and is the father of a U.S. citizen child who he raises together with his U.S. citizen wife.

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

• U.S. citizen wife suffers from Type I Diabetes, a life-long condition carrying serious, potentially lethal consequences, if not properly treated or managed
• Specific instances of our Honduran client having saved his U.S. citizen wife’s life as she slipped into a hypoglycemic coma due to an imbalance of sugar and insulin in her body
• The U.S. citizen wife’s history of psychological disorders including Generalized Anxiety Disorder and Dysthymic Disorder
• The vital financial support provided by our Honduran client to his U.S. citizen wife, without which she would be unable to pay her household and child-related expenses, make payments on her significant debt (including credit bills, home mortgage, and student debt), nor afford her medical expenses
• The serious medical condition of the wife’s U.S. citizen grandparents,  who she and her husband care for and watch over as best they can
• In-depth research and discussion of the country conditions of Honduras 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 this extended family of wife, husband, daughter, and grandparents, that would lead to a spiral of psychological distress and medical risk upon four U.S. citizens should the Honduran husband not be allowed to remain in the U.S.

As a result of our efforts, the I-601A provisional waiver was approved.  Our client will now be able to obtain U.S. lawful permanent resident status and more importantly, continue to play an integral role in caring for the well-being of his wife, daughter, and extended family.