Honduras - Smart Immigration Lawyer

I-601 Unlawful Presence Waiver Approved for Honduran Husband of U.S. Citizen Subject to 10-Year Bar

October 23, 2026 By Michael Cho Immigration Lawyer 1 Comment

Case at a Glance

Waiver approved: I-601 unlawful presence waiver (Form I-601) under INA 212(a)(9)(B)(v)
Ground of inadmissibility: INA 212(a)(9)(B)(i)(II), the 10-year unlawful presence bar
Applicant: Honduran husband of a U.S. citizen, living abroad
Qualifying relative: U.S. citizen wife
Result: I-601 waiver approved; the family reunited in the United States

Our office obtained approval of an I-601 unlawful presence waiver for a Honduran husband of a U.S. citizen: the Form I-601, Application for Waiver of Grounds of Inadmissibility, which waived his inadmissibility under INA 212(a)(9)(B)(i)(II), the 10-year unlawful presence bar. The waiver was granted under INA 212(a)(9)(B)(v) based on the extreme hardship his U.S. citizen wife would suffer if he were not allowed to join her in the United States.

The applicant first came to the United States legally and was later granted Temporary Protected Status (TPS) after a natural disaster devastated his home country. When it came time to renew his TPS, his application was filed late and denied. He remained in the U.S. to support his young son, who was born here, and he worked steadily for years. Roughly a decade later he decided he could no longer justify living without status, and he left the United States voluntarily. That departure triggered the 10-year bar.

He settled in Central America, continued his education and built a career in the financial industry. He later reconnected with his future wife, a U.S. citizen, and the couple married abroad. They have a young U.S. citizen daughter with several chronic medical conditions. Because of the bar, the family lived apart for the entire marriage: the mother raised their daughter alone in the United States while he sent nearly all of his income home.

The Legal Standard for the I-601 Unlawful Presence Waiver

Section 212(a)(9)(B) of the Immigration and Nationality Act provides, in pertinent part:

(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] 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 waiver therefore turns on extreme hardship to the U.S. citizen or permanent resident spouse or parent, not to the applicant himself. The applicant files the I-601 waiver with USCIS after the consulate finds him inadmissible at the immigrant visa interview.

Extreme hardship is not defined in the statute or the regulations. USCIS explains how officers apply the standard in the USCIS Policy Manual, Volume 9, Part B. To be extreme, the hardship must exceed what is usual or expected, but it does not need to be unique, and it is a lower standard than the “exceptional and extremely unusual hardship” required for cancellation of removal. The Policy Manual also recognizes that Congress intended these waivers to promote family unity, and the applicant needs to prove hardship only by a preponderance of the evidence.

Officers weigh all hardship factors together, including family ties, health conditions, financial impact and conditions in the country of relocation (Matter of Cervantes-Gonzalez, 22 I&N Dec. 560 (BIA 1999)), and the Board of Immigration Appeals has held that these factors “must be considered in the aggregate” (Matter of O-J-O-, 21 I&N Dec. 381 (BIA 1996)). The psychological impact of separation or relocation on the qualifying relative is a recognized factor, and officers may not substitute their own medical opinion for that of a medical professional. USCIS also recognizes that a disability or serious medical condition of the qualifying relative or a dependent family member, such as a child, can weigh heavily in favor of extreme hardship.

If extreme hardship is shown, USCIS then decides whether the applicant merits a favorable exercise of discretion, weighing positive factors such as family ties, good character and rehabilitation against the immigration violation (Matter of Mendez-Moralez, 21 I&N Dec. 296 (BIA 1996)).

Note: for applicants applying for an immigrant visa at a U.S. embassy or consulate, as in this case, the I-601 waiver can only be filed after the consular officer finds the applicant inadmissible at the immigrant visa interview. It is therefore important to begin preparing the waiver several months before the interview is scheduled, so that it can be submitted promptly after the finding of inadmissibility. Applicants adjusting status in the United States, by contrast, can file the I-601 waiver together with the I-485 adjustment package or after the I-485 has been filed.

How We Prepared the I-601 Unlawful Presence Waiver

As we do with all of our waiver cases, we began by providing our clients with our Waiver Worksheet package. It contains a comprehensive set of questions for our clients to answer about their lives, which allows us to identify every relevant hardship and discretionary factor (medical, psychological, financial, family and country conditions), along with a detailed checklist of supporting documents to gather. Our waiver preparation process has been refined over 24 years of practice preparing I-601, I-601A, I-212 and 212(d)(3) waivers for clients around the world, and it is designed to make the process as smooth and efficient as possible for our clients, with clear instructions at every step. We also constantly monitor changes in the law and USCIS policy, so that every waiver we prepare reflects the current standards. We are proud to regularly receive approvals of I-601, I-601A, I-212 and 212(d)(3) waivers on behalf of our clients.

Once we identified the most important factors of the case, we prepared a comprehensive 39-page legal brief in support of the I-601 unlawful presence waiver, together with 28 separate exhibits. A licensed clinical social worker evaluated the wife over a two-year period and prepared two psycho-social evaluations, which diagnosed her with Generalized Anxiety Disorder and Major Depressive Disorder and concluded that she was at high risk of psychiatric decompensation if the separation continued (see our post on the elements of a powerful psychological evaluation for I-601 waivers). Throughout the brief, we presented the couple’s life story in a way that personalized their plight and showed why the wife was particularly vulnerable to the hardships of continued separation or relocation.

The exhibits also included the daughter’s medical records, financial records showing the cost of running two households, evidence of student loan debt, proof of the family’s dependence on the wife’s employer-provided health insurance, evidence of the couple’s relationship and constant contact, country conditions reports on Honduras, and character reference letters from the applicant’s employers, professors and longtime friends. A detailed table of exhibits providing objective proof of every crucial assertion in the brief was included, as it is with all of our waiver applications.

Key Factors in the I-601 Unlawful Presence Waiver

The key factors we highlighted in the I-601 unlawful presence waiver included the following:

Psychological hardship: the wife’s diagnosed Generalized Anxiety Disorder and Major Depressive Disorder, worsened by years of separation, and the professional opinion that continued separation placed her at high risk of decompensation.
A medically fragile child: their young daughter’s chronic medical conditions required frequent medical visits and treatment, which the wife had to manage alone while working full time.
Economic hardship: depleted savings, substantial student loan debt, the cost of two separate households, and the risk that the wife would lose her job, which was the family’s main income and only source of health insurance.
Hardship on relocation: moving to Honduras would mean giving up her career and health insurance, leaving her aging parents, and exposing herself and her daughter to inadequate health care, education and safety conditions.
Voluntary departure and rehabilitation: the applicant left the United States on his own, has no criminal record anywhere, and has lived abroad lawfully for years since.
Good moral character and family ties: strong letters from employers and friends, a professional career, and close U.S. citizen family members, including two U.S. citizen children.

As a result of our efforts, the I-601 unlawful presence waiver was approved. After years of separation, the applicant was able to join his wife and daughter in the United States and be present to help raise his daughter and support his family.

If you or a family member needs an I-601, I-601A, or I-212 waiver, you may request a Free Immigration Consultation.

Related Waiver Approvals

Past results do not guarantee, warrant, or predict the outcome of any future legal matter.

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

February 13, 2016 By Michael Cho Immigration Lawyer

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:

Be 17 years of age or older.
Be the spouse, child, or adult child of a U.S. citizen or lawful permanent resident.
Have an approved Form I-130, Petition for Alien Relative, or Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
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.
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.
Be physically present in the United States to file your application for a provisional unlawful presence waiver and provide biometrics.
Not have been scheduled for an immigrant visa interview by Dept. of State before January 3, 2013.
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:

You are subject to one or more grounds of inadmissibility other than unlawful presence.
You have a pending Form I-485 Application to Register Permanent Residence or Adjust Status with the USCIS
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.
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
You are subject to a Dept. of Homeland Security (DHS) order reinstating a prior order of removal, deportation, or exclusion
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.
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.

Past results do not guarantee, warrant, or predict the outcome of any future legal matter.

AAO Approves I-601 Extreme Hardship Waiver for Honduran Deemed Inadmissible Based on Fraud and Misrepresentation

September 17, 2013 By Michael Cho Immigration Lawyer Leave a Comment

I-601 Waiver News

The applicant in this case is a Honduran female who attempted to enter the United States in 1993 by presenting an altered Honduran passport. She was deemed inadmissible under section 212(a)(6)(C)(i) of the Immigration & Nationality Act for willful misrepresentation of a material fact in order to procure an immigration benefit. She thus required a waiver under 212(i) in order to reside with her mother and children in the U.S.

Although this case decision does not discuss unlawful presence, it appears that the applicant re-entered the United States without inspection and has resided with her mother and her children in the country since 2003. In reality, she was probably also subject to the 10 year unlawful presence bar under INA Section 212(a)(9)(B) and required a waiver pursuant to Section 212(a)(9)(B)(v).

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

In general – 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) provides, in pertinent part:

(1) The Attorney General [now Secretary of Homeland Security] may, in the discretion of the Attorney General [now Secretary of Homeland Security], waive the application of clause (i) of subsection (a)(6)(C) in the case of an immigrant 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 permanent resident spouse or parent of such an alien ….

The majority of I-601 Waiver cases I prepare on behalf of my clients involve couples. I thereby prepare a comprehensive extreme hardship memorandum (including citation of relevant case law and how they fit the specific facts of my client’s situation) that goes over two scenarios: 1. the extreme hardships the U.S. citizen or LPR spouse would suffer if the applicant is not admitted to the United States; or alternatively, the extreme hardships the U.S. citizen or LPR spouse would suffer if he/she is forced to move abroad and reside in the home country of the foreign spouse.

It is important to keep in mind however that extreme hardship to the U.S. citizen or lawful permanent resident parent also qualifies for purposes of the I-601 waiver. [However, it is only extreme hardship to the U.S. citizen parent or spouse (not lawful permanent resident) that qualifies for purposes of the I-601A Provisional Waiver.]

In this case, the favorable factors are the following:

Applicant’s mother has lived with her daughter since 2003.
The daughter provides the mother support, shelter, food, and cares for all her needs and if the daughter’s waiver application were denied, the mother would lose all of this support
Applicant’s mother provides child care for her daughter’s two children, cooks all the family’s meals, cleans the house daily, and cares for the children until her daughter returns from work.
Applicant’s son is sixteen years old and has been diagnosed with anxiety, fears, phobias, depression for which he sees a psychologist. If the applicant’s waiver application were denied, the mother would be placed in the situation of caring for her daughter’s son without her daughter’s support.
Applicant’s mother has arthritis of her right knee, bilateral cataracts, osteoarthritis, and borderline hypertension.
If the Applicant’s mother returned to Honduras to be with her daughter, she would have no choice but to live with her son, in a three-room structure which is occupied by his wife and their two children. Her son is severely underemployed and cannot support her.
Applicant’s mother would not have adequate medical care for her medical conditions in Honduras. The presence of diseases and pollution in Honduras would exacerbate her current medical problems.
Applicant’s mother could be the victim of crime as Honduras uncontrolled, rampant crime.

The second relevant point highlighted by this case is the importance of supporting documents. I-601, I-601A, and I-212 waiver cases are won with solid supporting documents that confirm the statements made in the waiver memorandum.

In this case, the AAO specifically cites the following evidence as persuasive in approving this I-601 waiver application:

The letter from the mother’s physicians corroborating that she has borderline hypertension, cataracts bilaterally, osteoarthritis, and problems with her right knee, to the extent that she requires continued treatment and was ordered complete rest with daily assistance for thirty days.
U.S. Department of State issued a Travel Warning for Honduras (U.S. Department of State, Travel Warning, Honduras, dated November 21, 2012).
U.S. Department of Homeland Security extended Temporary Protected Status for Honduran nationals through July 2013.
Letter from the Applicant’s son’s physicians
Applicant’s mother is sixty seven years old and moving to Honduras would disrupt the continuity of her medical care. Re-adjustment to life in Honduras would be difficult given her advanced age and long absence from the country.
Applicant’s daughter provides her mother with food, shelther, financial support, and takes care of her. They have been living together for the past ten years.