I-601 Waivers - Page 5 of 11 - Smart Immigration Lawyer

Client Approval: I-601 Extraordinary Circumstances Waiver Approved by Showing Exceptional or Extremely Unusual Hardship

August 23, 2015 By Michael Cho Immigration Lawyer Leave a Comment

Our office received approval of the I-601 Application of Waiver of Grounds of Inadmissibility for a citizen of Japan who was subject to a life-time bar from being admitted to the United States for conviction of a Crime Involving Moral Turpitude (CIMT) under INA Section 212(a)(2)(A)(i)(I).

Our client was previously convicted of two separate charges of assault, one of which was considered by the USCIS to be a “violent and dangerous criminal act.”

The court in Matter of Jean, 23 I. & N. Dec. 373 (AG 2002) heightened the standard that requires the government to deny relief to people convicted of violent or dangerous crimes, except in extraordinary circumstances, such as those involving national security or foreign policy considerations, or where the denial of relief would result in exceptional or extremely unusual hardship.

The standard announced in Matter of Jean was subsequently adopted into regulations at 8 CFR § 1212.7(d) (governing 212(h) waivers).

INA 212(h)(1)(A) provides that certain grounds of inadmissibility under section 212(a)(2)(A)(i)(I)-(II), (B), and (E) of the Act may be waived in the case of an alien who demonstrates to the satisfaction of the Attorney General that:

the activities for which he is inadmissible occurred more than fifteen years before the date of the alien’s application for a visa, admission, or adjustment of status;
the admission would not be contrary to the national welfare, safety, or security of the U.S.; and
the alien has been rehabilitated.

The Attorney General may also waive the grounds of inadmissibility under section 212(a)(2)(D)(i)-(ii) of the Act with regard to prostitution if the alien establishes to the satisfaction of the Attorney General that the alien’s admission would not be contrary to the national welfare, safety, or security of the U.S., and that the alien has been rehabilitated. INA 212(h)(1)(A).

INA 212(h)(1)(B) provides that certain grounds of inadmissibility under section 212(a)(2)(A)(i)(I)-(II), (B), (D)-(E) of the Act may be waived in the case of an alien who demonstrates that his removal from the United States would result in extreme hardship to his United States citizen or lawful resident parent, spouse, son, or daughter.

Our office was contacted after the Japanese waiver applicant and her U.S. citizen husband (a member of the U.S. Armed Forces) filed for the I-601 Waiver on their own after the applicant was deemed inadmissible at her consular interview. Their “self-prepared” I-601 Waiver triggered a Request for Additional Evidence which stated that the couple had failed to show extraordinary circumstances that would warrant approval of their I-601 waiver application.

In order to meet this heightened standard of review (which is even more difficult to achieve than for a standard “extreme hardship” waiver) , we initiated our firm’s comprehensive process for preparation of powerful and effective immigration waiver applications.

We reviewed all of the material the couple previously submitted to the USCIS, forwarded our Extreme Hardship Worksheet to the couple (which contains questions designed to elicit extreme hardships and other persuasive factors), and provided a comprehensive checklist of supporting documents to gather and return to our office .

We also recommended the couple to a 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).

Once we identified the most important factors of the case, we prepared a comprehensive 20 page legal brief going over how the facts and circumstances of our client’s situation not only met the legal standards used to define “extreme hardship,” but rose to the level of “exceptional or extremely unusual hardship”. We also argued that national security and policy considerations warranted approval of the I-601 waiver based upon the important duties and meritorious service undertaken by the U.S. citizen spouse who is a member of the U.S. Armed Forces.

We presented our own case law that was relevant to the facts and circumstances of our case and supported approval of our waiver application. Additionally, a table of exhibits referenced a variety of objective evidence in support of a showing of “exceptional and extremely unusual hardship.

We discussed and elaborated upon evidence of the waiver applicant’s rehabilitation, good moral character, and her overall dedication as a wife and mother who is integral to the emotional support of her U.S. citizen husband (who suffers from Anxiety Disorder, triggered by heavy combat and fatalities of unit members experienced during his multiple tours of duty in Afghanistan).

We also highlighted the’ waiver applicant’s role in helping her U.S. citizen husband care for his elderly U.S. citizen parents, who suffer from serious life-threatening medical conditions (including Type II Diabetes, hypertension, hyperlipidemia, among other conditions), and who rely upon their son for financial support and overall care.

We made sure every single facet of our client’s case was documented and that the objections raised by the USCIS in their previous denial was fully addressed to maximize the chances of approval.

As a result of our efforts, the couple’s I-601 “Extreme Hardship” Waiver Application was approved and this family now lawfully resides together in the United States.

Client Approval: I-601 Extreme Hardship Waiver Approved for Same-Sex Couple in Less than 3 Months

August 19, 2015 By Michael Cho Immigration Lawyer Leave a Comment

Our office received approval of the I-601 “Extreme Hardship” Waiver for a same-sex couple composed of a Mexican applicant married to his U.S. citizen spouse less than 3 months after it was prepared and submitted by our office.

The U.S. citizen spouse contacted my office after his Mexican spouse attended his consular interview at Ciudad Juarez and was deemed inadmissible to the U.S. based on being subject to the “10 year unlawful presence bar” pursuant to INA Section 212(a)(9)(B).

The Mexican spouse previously entered the U.S. as a minor child but remained unlawfully in the U.S. past his 18th birthday. He was subsequently arrested and convicted of driving under the influence (DUI) and given voluntary departure from the U.S.

Our I-601 Waiver application package included a complete set of USCIS forms requesting consideration of the I-601 Waiver; a 24 page waiver statement detailing relevant case law favorable to my client’s situation and presenting the extreme hardships that applied to this case; and a comprehensive collection of exhibits to prove the extreme hardships being presented.

Section 212(a)(9)(B) of the 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 alien’s departure or removal from the United States, is inadmissible.

(v) Waiver. – The Attorney General [now the Secretary of Homeland Security (Secretary)] 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.

”Extreme hardship,” for purposes of the I-601 Waiver, 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.

We drafted a comprehensive 24 page waiver memorandum outlining the relevant case law favorable to our client’s situation. We also discussed in detail the medical, financial, emotional, and psychological hardships the U.S. citizen spouse (and his U.S. citizen parents) are presently suffering from, and proved how these extreme hardships interrelate and would worsen in the event of continued separation of this couple. We also highlighted a variety compelling factors in the life of the applicant that we believed warranted an exercise of favorable discretion on the part of the USCIS.

Some of the relevant factors in this case included the following:

The U.S. citizen spouse suffers from chronic and at times, debilitating anxiety and depression. We documented that this is a long-standing condition that has required antidepressant medication and psychotherapeutic treatment in the past.
Just as importantly, we demonstrated that his anxiety and depression has led to severe physical symptoms as well, and that his overall condition would significantly worsen should his separation from his Mexican spouse continue OR if he should depart the U.S. and re-locate to Mexico to be with his spouse.
The U.S. citizen spouse has an elderly U.S. citizen mother who he visits regularly and takes care of as best he can. His mother has survived two bouts of cancer in the past and relies upon her son for assistance. His mother’s husband (the U.S. citizen spouse’s step-father) is also suffering from severe medical issues of his own and is wholly dependent on his wife to meet his daily and medical needs.
The U.S. citizen spouse has an elderly U.S. citizen father who suffers from a rare and serious immune system disorder. The U.S. citizen spouse visits his father as often as he can and feels a strong obligation to be by his side and care for him as best he can.
The financial burden of maintaining a home in the U.S., visiting and providing care for both his parents, AND spending what time remains with his spouse in Mexico, has caused the U.S. citizen spouse severe financial stress.
The financial stress includes thousands of dollars of debt. We documented that loss of employment by the U.S. citizen spouse due to deterioration of his compromised psychological and physical state, or relocation to Mexico, would both lead financial disaster.

As a result of the I-601 Waiver prepared and submitted by our office, the waiver application was approved in less than 3 months after submission and this couple can soon be re-united inside the United States.

Client Approval: I-601 Waiver and Adjustment of Status Approved in 3.5 Months

July 10, 2015 By Michael Cho Immigration Lawyer 1 Comment

This week, we received approval of both an Application for Adjustment of Status to Lawful Permanent Residence and approval of the related I-601 “Extreme Hardship” Waiver for a client subject to a life-time inadmissibility bar to the United States due to fraud/misrepresentation.

The applicant was found to be inadmissible to the United States under section 212(a)(6)(C)(i) of the Act, 8 U.S.C. §1182(a)(6)(C)(i), for having attempted to procure an immigration benefit in the United States by fraud or willful misrepresentation.

Section 212(a)(6)(C) of the Act provides, in pertinent part:

(i) 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) of the Act provides that:

The Attorney General [now the Secretary of Homeland Security (Secretary)] may, in the discretion of the Attorney General [Secretary], waive the application of clause (i) of subsection (a)(6)(C) in the case of an alien 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 Attorney General [Secretary] that the refusal of admission to the United States of such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such an alien.

A waiver of inadmissibility under section 212(i) of the Act is dependent on a showing that the bar to admission imposes extreme hardship on a qualifying relative, which includes the U.S. citizen or lawfully resident spouse or parent of the applicant. The applicant’s spouse is the only qualifying relative in this case. If extreme hardship to a qualifying relative is established, the applicant is statutorily eligible for a waiver, and USCIS then assesses whether a favorable exercise of discretion is warranted. See Matter of Mendez-Moralez, 21 I&N Dec. 296, 301 (BIA 1996).

Extreme hardship is “not a definable term of fixed and inflexible content or meaning,” but “necessarily depends upon the facts and circumstances peculiar to each case.” Matter of Hwang, 10 I&N Dec. 448, 451 (BIA 1964). In Matter of Cervantes-Gonzalez, the Board provided a list of factors it deemed relevant in determining whether an alien has established extreme hardship to a qualifying relative. 22 I&N Dec. 560, 565 (BIA 1999). The factors include the presence of a lawful permanent resident or United States citizen spouse or parent in this country; the qualifying relative’s family ties outside the United States; the 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; the 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. Id. The Board added that not all of the foregoing factors need be analyzed in any given case and emphasized that the list of factors was not exclusive. Id . at 566.

The Board has also held that the common or typical results of removal and inadmissibility do not constitute extreme hardship, and has listed certain individual hardship factors considered common rather than extreme. These factors include: economic disadvantage, loss of current employment, inability to maintain one’s present standard of living, inability to pursue a chosen profession, separation from family members, severing community ties, cultural readjustment after living in the United States for many years, cultural adjustment of qualifying relatives who have never lived outside the United States, inferior economic and educational opportunities in the foreign country, or inferior medical facilities in the foreign country. See generally Matter of Cervantes-Gonzalez, 22 I&N Dec. at 568; Matter of Pilch, 21 I&N Dec. 627, 632-33 (BIA 1996); Matter of Ige, 20 I&N Dec. 880, 883 (BIA 1994);Matter of Ngai, 19 I&N Dec. 245, 246-47 (Comm’r 1984); Matter of Kim, 15 I&N Dec. 88, 89-90 (BIA 1974); Matter of Shaughnessy, 12 I&N Dec. 810, 813 (BIA 1968).

However, though hardships may not be extreme when considered abstractly or individually, the Board has made it clear that “[r]elevant factors, though not extreme in themselves, must be considered in the aggregate in determining whether extreme hardship exists.” Matter of 0-J-0-, 21 I&N Dec. 381, 383 (BIA 1996) (quoting Matter of Ige, 20 I&N Dec. at 882). The adjudicator “must consider the entire range of factors concerning hardship in their totality and determine whether the combination of hardships takes the case beyond those hardships ordinarily associated with deportation.” Id.

The actual hardship associated with an abstract hardship factor such as family separation, economic disadvantage, cultural readjustment, et cetera, differs in nature and severity depending on the unique circumstances of each case, as does the cumulative hardship a qualifying relative experiences as a result of aggregated individual hardships. See, e.g.,Matter of Bing Chih Kao and Mei Tsui Lin, 23 I&N Dec. 45, 51 (BIA 2001) (distinguishing Matter of Pilch regarding hardship faced by qualifying relatives on the basis of variations in the length of residence in the United States and the ability to speak the language of the country to which they would relocate).

For example, though family separation has been found to be a common result of inadmissibility or removal, separation from family living in the United States can also be the most important single hardship factor in considering hardship in the aggregate. Salcido-Salcido v. INS, 138 F.3d 1292, 1293 (9th Cir. 1998) (quoting Contreras-Buenfil v. INS, 712 F.2d 401, 403 (9th Cir. 1983)); but see Matter of Ngai, 19 I&N Dec. at 24 7 (separation of spouse and children from applicant not extreme hardship due to conflicting evidence in the record and because applicant and spouse had been voluntarily separated from one another for 28 years).

Therefore, the AAO considers the totality of the circumstances in determining whether denial of admission would result in extreme hardship to a qualifying relative.

In this case, we prepared an Application for Adjustment of Status to Lawful Permanent Residence for the applicant based upon marriage to a U.S. citizen. As with all of our Adjustment of Status cases, we provided a detailed letter going over every step of Adjustment of Status process to our client. We also provided a point-by-point checklist which describes every supporting document required for the case, making it easy for our clients to know what to gather and forward to our office.

We drafted every USCIS form required for Adjustment of Status, assembled the package for filing with the USCIS, and submitted it on behalf of our client after a final review to make sure every legal and technical requirement was met.

Once the Adjustment of Status application was filed, we began preparation of the I-601 “Extreme Hardship” Waiver. The I-601 Waiver for Fraud/Misrepresentation prepared by our law firm included a complete set of USCIS forms requesting consideration of the I-601 Waiver; a 25 page waiver statement detailing relevant case law favorable to my client’s situation and presenting the extreme hardships that applied to this case; and an extensive collection of exhibits to prove the extreme hardships being presented.

The favorable factors of this case discussed in detail in our I-601 Waiver application include:

The U.S. citizen spouse has long suffered from Generalized Anxiety Disorder and Dysthymic “Persistent Depressive” Disorder
The U.S. citizen spouse has a significant family history for mental health issues including a sibling who has suffered from clinical depression, and maternal family members with histories of Alzheimer’s disease
The U.S. citizen spouse’s father has struggled repeatedly with cancer, severe gout, and hepatitis B, as well as hypercholesterolemia and hypertension. The U.S. citizen spouse helps take of his father as best he can.
The U.S. citizen spouse’s academic research and expertise lies within in area of significant national interest to the United States
The U.S. citizen spouse was born and raised in the U.S. and has extensive familial, professional, and social ties to the country.
The waiver applicant is a senior executive with a multinational corporation that employs 11,500 people worldwide, and has been entrusted with high-level fiduciary and financial duties by the company

As a result of our effort, the I-601 “extreme hardship” waiver was approved together with the Adjustment of Status application within 3.5 months of submission, and our client was granted U.S. permanent residence.

BIA Precedent Decisions on Extreme Hardship for Purposes of the I-601 Waiver and I-601A Provisional Waiver

June 6, 2015 By Michael Cho Immigration Lawyer Leave a Comment

Provided below is a list of precedent decisions by the Board of Immigration Appeals on “extreme hardship.” These decisions are provided as a reference to adjudicating officers of the I-601 and I-601A Provisional Waiver units.

All of the waivers prepared by my office, including the I-601 Waiver and I-601A Provisional Waiver, incorporate relevant case law that pertain to the specific facts of our client’s case.

We constantly monitor administrative, legal, and other changes to the waiver process so that our clients’ waiver applications can be maximized for success.

We begin the waiver preparation process by providing an “extreme hardship” worksheet to our clients. This worksheet helps us identify all of the hardships being suffered by the qualifying relative(s) and the families we represent. This is important because while any single hardship may not be considered “extreme” in and of itself, multiple hardships can “add up” to become “cumulative” and meet the “extreme hardship” standard.

We also provide a detailed checklist of supporting documents to our clients so that every hardship we analyze and discuss can be objectively proven to the satisfaction of the adjudicating waiver officer.

We have a long-standing relationship with a clinical psychologist who is well-versed in preparing psychological evaluations for purposes of the I-601 Waiver and I-601A Provisional Waiver and offers a discounted fee to our clients. Should you decide to get evaluated by your own psychologist, I provide a sample psychological evaluation template so that the evaluation can be drafted in a clear and effective manner by those unfamiliar with the extreme hardship waiver process.

Our completed waiver memos are typically 25-30 pages in length. To this, we add Exhibits to prove every relevant statement made in the waiver. I always forward a draft of the waiver to my clients for review before anything is submitted to the USCIS. We also prepare all of the USCIS forms, organize the Exhibits, and meticulously assemble the waiver package before submitting it to the USCIS on behalf of our clients.

BIA Decision	Summary of Decision on Extreme Hardship
Matter of Sangster, 11 I&N Dec. 309 (BIA 1965)	Economic detriment, in absence of other substantial equities, does not establish extreme hardship. No evidence that suitable employment was unavailable.
Matter of Saekow, 17 I&N Dec. 138 (BIA 1979)	In reference to applicant's suspension of deportation, the Immigration Judge determined that the respondent failed to demonstrate that his deportation would result in extreme hardship to himself or to a specified family member.
Matter of Pilch, 21 I&N Dec. 627 (BIA 1996)	• The term "extreme hardship" refers to hardship that is unusual or beyond that which would normally be expected upon deportation; the common results of deportation and exclusion are not sufficient to prove extreme hardship. • Emotional hardship caused by the severing of family and community ties is a common result of deportation and does not constitute extreme hardship. • To endure the hardship of either separation when it can be avoided by joining the applicant abroad, or of relocation when it can be avoided by remaining in the United States, is a matter of choice and not the result of removal or inadmissibility.
Matter of Piggott, 15 I&N Dec. 129 (BIA 1974)	Immigration Judge finding that the respondents would not be able to provide for their own necessities in Antigua and that their children would suffer as a result of the parents' inability to provide them with proper food, living facilities, and education in that country. Youngest child has rheumatic fever. She is being treated in the US, and equal medical is not available in Antigua. Extreme hardship requirement met.
Matter of Ngai, 19 I&N Dec. 245 (Comm. 1984)	The approval of an application for a waiver pursuant to section 212(h) of the INA is dependent in part upon showing of extreme hardship, and thus only in cases of great actual or prospective injury to the qualifying family member will the bar be removed.
Matter of Louie, 10 I&N Dec. 223 (BIA 1963)	Elderly US Citizen father with no other relatives in the US. Respondent takes him to weekly doctors' appointments. In view of the father's advanced age and physical condition it would be extremely harsh, to both the respondent and his father, to deport the respondent from the US. Extreme hardship met.
Matter of Lopez-Monzon, 17 I&N Dec. 280 (Comm 1979)	• Eligibility under section 212(i) of the INA to apply for a waiver of grounds of excludability is limited to aliens who are spouses, parents or children of US citizens or Lawful Permanent Residents. Congressional intent was to provide for the unification of families and avoid the hardship of separation. • U.S. Citizen child did not reside in the US. The father (who resided in Guatemala) had custody of the child. No evidence was presented to indicate applicant would obtain custody of the child and no persuasive evidence that the applicant intended to bring the child to reside in the US. Approval of the waiver would not have reunited a family; favorable exercise of discretion was not granted.
Matter of Loo, 15 I&N Dec. 601 (BIA 1976)	Applicant has 25 years residence in the US, a Lawful Permanent Resident daughter, and a small investment in a US business in which he was employed. Extreme hardship met.
Matter of Liao, 11 I&N Dec. 113 (BIA 1965)	Hardship claim of fear of persecution and diminished employment opportunities. Applicant did not establish that his deportation would result in extreme hardship because he refused to return to that country after completing the program of military training for which he entered the US and expressed political views which are not looked upon with favor by the Nationalist Government of China on Formosa.
Matter of lge, 20 I&N Dec. 880 (BIA 1994)	Assuming a United States citizen child would not suffer extreme hardship if he accompanies his parent abroad, any hardship the child might face if left in the United States is the result of parental choice, not of the parent's deportation.
Matter of Leon, 10 I&N Dec. 274 (BIA 1963)	Respondent has US military service with a service connected disability (30% ), is a US high school graduate, employed, and most of his adult years were spent in the US. Earning ability has been impaired by the service connected disability. Extreme hardship met.
Matter of Kojoory, 12 I&N Dec. 215 (BIA 1967)	Extreme hardship not established in relation to applicant's claim of fear of persecution if returned to Iran, limited economic opportunities, lack of opportunities in his own field, and difficulty adjusting to the standard of living.
Matter of Kim, 15 I&N Dec. 88 (BIA 1974)	Suspension of deportation under section 244(a)(1) of the INA based on 7 years physical presence in the US will not be granted on a claim of extreme hardship, where the only facts presented tended to show better economic and educational opportunities for her US citizen children in the US than in Korea.
Matter of H-, 14 I&N Dec. 185 (RC 1972) - sec. 212(h)	Extreme hardship within the meaning of section 212(h) of the INA is established where the applicant's spouse is 81 years old and has already endured a 15-year exile from the US to reside with the applicant in Mexico. The applicant established complete reformation from the activities that rendered her excludable and the stability between her US Citizen spouse was satisfactorily demonstrated; Therefore, a waiver pursuant to 212(h) was granted.
Matter of Gibson, 16 I&N Dec. 58 (BIA 1976)	Even though the alien meets the physical presence and Good Moral Character requirements of the statute, suspension of deportation was ordered denied because economic detriment which may result from deportation does not meet the test of extreme hardship within the contemplation of section 244(a)(1) of the INA. Alien was employed as a custodian and should have no difficulty in finding suitable employment abroad. No relatives in the US.
Matter of Da Silva, 217 I&N Dec. 288 (Comm 1979)	• A discretionary decision must be based on the weight factors present in the case, both adverse and favorable. Questionable factors should not be considered at all, or should be resolved in favor of the applicant. • A waiver application under section 212(i) of the INA will be approved in the interest of family reunification where the requisite relationship exists and the favorable factors outweigh the unfavorable factors.
Matter of Chumpitazi, 16 I&N Dec. 629 (BIA 1978)	The loss of job and the financial loss incurred is not "extreme hardship" within the meaning of section 211 of the INA, despite a 11-year stay in the US.
Matter of Cervantes -Gonzalez, 22 I&N Dec. 560 (BIA 1996)	Outlines hardship factors to consider in determining whether an alien has established extreme hardship pursuant to section 212(i) of the INA.
Matter of Anderson 16 I&N Dec. 596 (BIA 1978)	While political and economic conditions in an alien's homeland are relevant factors in determining extreme hardship under section 244(a)(1) of the INA, they do not justify a grant of relief unless other factors such as advanced age, severe illness, family. ties, etc. combine with economic detriment to make deportation extremely hard on the alien or the citizen or permanent resident members of his family.
Matter of Alonzo, 17 I&N Dec. 292 (Comm 1979)	• The birth of a US Citizen child, whether or not born during a lawful stay of the parents in the US, is a favorable factor and must accorded considerable weight in the adjudication of an application for the relief of a waiver of grounds of excludability under section 212(i) of the INA. • The section 212(i) waiver should be granted in the exercise of discretion, where favorable factors are present, and there is an absence of countervailing adverse factors. • No statutory or other requirement that extreme hardship be shown in a section 212(i) waiver case. • Applicant sought waiver of excludability for obtaining visas by fraud and misrepresentation. The violation was not held as an adverse factor action because it was the violation for which the alien seeks to be forgiven.
Matter of Uy, 11 I&N Dec. 159 (BIA 1965)	Applicant did not establish his deportation would result in extreme hardship, merely because he would suffer some economic hardship due to limited opportunities in his field of training.

Tips for Arguing Financial Hardship in I-601 “Extreme Hardship” Waiver and I-601A Provisional Waiver Cases

May 19, 2015 By Michael Cho Immigration Lawyer Leave a Comment

The AILA National Benefits Center Committee recently provided tips on establishing that a U.S. citizen spouse would suffer financial hardship in an I-601A, provisional unlawful presence waiver case. It should be noted that these tips also generally apply when arguing financial hardship in I-601 “extreme hardship” waiver cases.

Demonstrating that a U.S. citizen (USC) spouse would suffer financial hardship can help support a provisional unlawful presence waiver application (Form I-601A). The applicant must show that the USC spouse will not have the income to support him/herself or close family members as a result of the applicant’s departure from the U.S. or if the USC were to accompany the applicant to his or her home country.

It is critical that the applicant provide clear documentary evidence to substantiate a claim of extreme financial hardship.

Below are recommendations on how to present a claim of financial hardship:

Compare monthly income against expenses. Do not rely on USCIS to sort through the couple’s income and expenses for you. Itemize the monthly expenses and all sources of income and explain how the USC would not be able to cover all fixed expenses without the support of the applicant. Be sure to include supporting documentation, such as billing/credit card statements, receipts, paystubs, and tax returns.
Do not rely on recently acquired large expenses that could have been avoided. A reviewing officer may not be persuaded by the potential of a US Citizen (“USC”) losing their home if it was purchased recently and relied partially or wholly on the applicant’s U.S.-based income.
Show additional expenses related to raising children without the applicant’s care. It may not be sufficient to simply state that the applicant’s absence would result in a burden to the USC because the USC would be solely responsible for childcare. Explain if and why alternatives such as a nanny, daycare, or after school care are either not available or are insufficient. Document why the USC cannot afford the expense of childcare alternatives and address why other family members cannot help with childcare. Also address why the children cannot go with the applicant to the foreign country if he or she is their primary caretaker. This is number crunching at its finest; you must closely weigh all sides to the financial argument.
Do not rely on expenses that are not considered “basic necessities.” USCIS officers may not be convinced if the household expenses include items such as cable television; dining out, hotels, vacations, private school tuition, high cell phone bills, electronics, gym memberships, etc.
Explain the additional financial burden to the USC to support two households. It may be helpful to show the extra financial burden that would result from helping to maintain a household for the immigrant abroad as well as a household for the family in the U.S. Document the typical expenses the applicant would have in the foreign country (rent, utilities, transportation, etc.) and explain why family members in the home country would not be able to house the applicant. Also explain why the applicant would be unable to support him/herself, for example a lack of employment opportunities, lack of skills or education, etc.
Address why the USC would be unable to find work abroad. Though the USC spouse will of course have to give up his or her job if forced to relocate to the applicant’s home country, it might not be viewed as “extreme” hardship if the USC could find work in another field. Discuss the challenges the USC may face finding work abroad given language barriers, physical limitations, and financial needs and provide evidence to support your claim. For example, if the USC is a mechanical engineer who suffers from severe back problems, an argument could be made that she will have difficulty finding work because she does not have the language skills to use the necessary technical words and is unable to perform physical labor because of her back problems. This would need to be supported by medical records and recent job postings in the foreign country that describe the necessary skills for the position.
Review all receipts and financial records before filing. Carefully analyze all supporting documentation prior to filing. It is very difficult to respond to a Request for Evidence that points to documents that undermine your arguments.

I provide all of my I-601, I-601A, I-212, and 212(d)(3) waiver clients with extremely detailed Waiver Worksheets customized to their particular case type. The Waiver Worksheets contain a comprehensive list of questions for my clients to answer. It also contains a full checklist of supporting documents I recommend they gather to be used in support of their waiver application.

This process helps me identify all of the relevant hardship and persuasive factors to be discussed in their waiver, including a mathematical calculation of financial hardships and the impact separation (or relocation) caused by inadmissibility would have upon the qualifying relative and his/her immediate family.

As the above tips show, it is crucial that each and every hardship be analyzed in minute detail and that the impact on extreme hardship discussed in an organized, methodical, and comprehensive manner.

BIA Holds that Adjustment of Status Constitutes an Admission for Purposes of Applying for a Fraud Waiver Under INA Section 237(a)(1)(H)

May 19, 2015 By Michael Cho Immigration Lawyer Leave a Comment

I-601 Waiver Legal News

Matter of Agour, 26 I&N Dec. 566 (BIA 2015)

At issue in this case was whether a section 237(a)(1)(H) waiver for certain fraud or misrepresentation at the time of admission is available to aliens who commit fraud in the process of adjusting their status within the United States.

INA section 237(a)(1)(H) states:

(H) Waiver authorized for certain misrepresentations.

The provisions of this paragraph relating to the removal of aliens within the United States on the ground that they were inadmissible at the time of admission as aliens described in section 212(a)(6)(C)(i), whether willful or innocent, may, in the discretion of the Attorney General, be waived for any alien (other than an alien described in paragraph (4)(D)) who–

(i) (I) is the spouse, parent, son or daughter of a citizen of the United States or an alien lawfully admitted to the United States for permanent residence; and

(II) was in possession of an immigrant visa or equivalent document and was otherwise admissible to the United States at the time of such admission except for those grounds of inadmissibility specified under paragraphs (5)(A) and (7)(A) of section 212(a) which were a direct result of that fraud or misrepresentation.

(ii) is a VAWA self-petitioner. A waiver of removal for fraud or misrepresentation granted under this subparagraph shall also operate to waive removal based on the grounds of inadmissibility directly resulting from such fraud or misrepresentation.

INA § 237(a)(1)(H) thus provides a discretionary waiver in removal proceedings for certain misrepresentations and fraud at admission that would otherwise render deportable a lawful permanent resident (LPR) or a self-petitioner under the Violence Against Women Act (VAWA).

The applicant is a native and citizen of Morocco who was admitted to the United States on a nonimmigrant visitor visa in 1999. In July 2001, she married a United States citizen who then filed a visa petition on her behalf. In 2002, the applicant was granted conditional permanent resident status pursuant to section 216(a) of the Act, 8 U.S.C. § 1186a(a) (2000). The conditional basis of respondent’s permanent residence was removed in 2005 by the approval of a jointly filed Form I-751 (Petition to Remove Conditions on Residence).

The Department of Homeland Security (“DHS”) filed a notice to appear with the Immigration Court on September 5, 2008, charging the respondent with being removable under section 237(a)(1)(A) of the Act, as an alien who is inadmissible based on fraud or misrepresentation under section 212(a)(6)(C)(i) of the Act, 8 U.S.C. § 1182(a)(6)(C)(i) (2006).

This charge was based on allegations that the respondent procured her adjustment of status by fraud or by willfully misrepresenting a material fact when she married for the sole purpose of obtaining permanent residence in the United States.

The applicant sought to waive fraud that occurred after her initial entry into the United States as a nonimmigrant. The question was whether an adjustment of status can be an admission for purposes of the section 237(a)(1)(H) waiver.

Prior BIA decisions discussing the section 237(a)(1)(H) waiver involved aliens admitted to the United States with immigrant visas who were then charged with being removable for fraud or misrepresentation in that initial entry. See, e.g., Matter of Federiso, 24 I&N Dec. 661 (BIA 2008), overruled on other grounds, Federiso v. Holder, 605 F.3d 695 (9th Cir. 2010); Matter of Fu, 23 I&N Dec. 985 (BIA 2006).

The BIA in this case concluded that an alien’s adjustment of status within the United States constitutes an admission for purposes of the waiver at section 237(a)(1)(H) of the Act.

The Section 237(a)(1)(H) waiver is thus not limited only to those aliens who engage in fraud or misrepresentation at the time of entry into the United States with an immigrant visa. An alien who commits fraud in the course of adjusting status in the United States may waive removal under section 237(a)(1)(A) of the Act as an alien who was inadmissible at the time of adjustment of status based on fraud or misrepresentation.

I-601 Extreme Hardship Waiver Approved by AAO for 10 Year Unlawful Presence Bar

May 14, 2015 By Michael Cho Immigration Lawyer Leave a Comment

I-601 Waiver Legal News

The applicant is a native and citizen of India who was found to be inadmissible to the United States pursuant to section 212(a)(9)(B)(i)(II) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1182(a)(9)(B)(i)(II), for having been unlawfully present in the United States for more than one year and seeking readmission within 10 years of his last departure from the United States.

The applicant entered the United States with a valid C1/D nonimmigrant visa in October 2003 and remained beyond the period of authorized stay. The applicant did not depart the United States until March 2008. The applicant is therefore inadmissible under section 212(a)(9)(B)(i)(II) of the Act for having been unlawfully present in the United States for more than one year.

The applicant sought a waiver of inadmissibility in order to reside in the United States with his U.S. citizen spouse and child. The field office director found that the applicant failed to establish that extreme hardship would be imposed on a qualifying relative and denied the Application for Waiver of Grounds of Inadmissibility (Form 1-601) accordingly.

On appeal, the AAO determined that the applicant had failed to establish that extreme hardship would be imposed on a qualifying relative. The appeal was subsequently dismissed.

On motion, the prior decision of the AAO was withdrawn and the I-601 Extreme Hardship Waiver approved.

Section 212( a )(9) of the Act provides, in pertinent part:

(B) Aliens Unlawfully Present. –

(i) In general. – Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year … and again seeks admission within 3 years of the date of such alien’s departure or removal, or
(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 (Secretary)] 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 …

A waiver of inadmissibility under section 212(a)(9)(B)(v) of the Act is dependent on a showing that the bar to admission imposes extreme hardship on a qualifying relative, which includes the U.S. citizen or lawfully resident spouse or parent of the applicant. The applicant’s U.S. citizen spouse is the only qualifying relative in this case. Hardship to the applicant or their child, born in 2012, can be considered only insofar as it results in hardship to a qualifying relative. If extreme hardship to a qualifying relative is established, the applicant is statutorily eligible for a waiver, and USCIS then assesses whether a favorable exercise of discretion is warranted. See Matter of Mendez-Moralez, 21 I&N Dec. 296, 301 (BIA 1996).

The Board has also held that the common or typical results of removal and inadmissibility do not constitute extreme hardship, and has listed certain individual hardship factors considered common rather than extreme. These factors include: economic disadvantage, loss of current employment, inability to maintain one’s present standard of living, inability to pursue a chosen profession, separation from family members, severing community ties, cultural readjustment after living in the United States for many years, cultural adjustment of qualifying relatives who have never lived outside the United States, inferior economic and educational opportunities in the foreign country, or inferior medical facilities in the foreign country. See generally Matter of Cervantes-Gonzalez, 22 I&N Dec. at 568; Matter of Pilch, 21 I&N Dec. 627, 632-33 (BIA 1996); Matter of Ige, 20 I&N Dec. 880, 883 (BIA 1994); Matter of Ngai, 19 I&N Dec. 245, 246-47 (Comm’r 1984); Matter of Kim, 15 I&N Dec. 88, 89-90 (BIA 1974); Matter of Shaughnessy, 12 I&N Dec. 810, 813 (BIA 1968).

The actual hardship associated with an abstract hardship factor such as family separation, economic disadvantage, cultural readjustment, etcetera, differs in nature and severity depending on the unique circumstances of each case, as does the cumulative hardship a qualifying relative experiences as a result of aggregated individual hardships. See, e.g., Matter of Bing Chih Kao and Mei Tsui Lin, 23 I&N Dec. 45, 51 (BIA 2001) (distinguishing Matter of Pilch regarding hardship faced by qualifying relatives on the basis of variations in the length of residence in the United States and the ability to speak the language of the country to which they would relocate).

For example, though family separation has been found to be a common result of inadmissibility or removal, separation from family living in the United States can also be the most important single hardship factor in considering hardship in the aggregate. See Salcido-Salcido v. I.N.S., 138 F.3d 1292, 1293 (9th Cir. 1998 (quoting Contreras-Buenfil v. INS, 712 F.2d 401, 403 (9th Cir. 1983)); but see Matter of Ngai, 19 I&N Dec. at 24 7 (separation of spouse and children from applicant not extreme hardship due to conflicting evidence in the record and because applicant and spouse had been voluntarily separated from one another for 28 years).

Therefore, the AAO considers the totality of the circumstances in determining whether denial of admission would result in extreme hardship to a qualifying relative.

This case is useful to examine in what the applicant initially did WRONG when preparing their I-601 waiver application:

The I-601 waiver and supporting documentation submitted failed to specify the applicant’s spouse’s medical condition, the short and long-term treatment plan, the severity of the situation and what hardships the applicant’s spouse would experience were her husband be unable to assist her with the care of their child.
As for the emotional hardship referenced, the I-601 waiver and supporting documentation failed to establish that said hardships were beyond the normal hardships associated when a spouse relocates abroad due to inadmissibility.
With respect to the applicant’s spouse’s assertions that she would experience financial hardship were her husband to relocate abroad, no documentation was provided establishing the applicant’s spouse’s expenses and assets and liabilities to establish that the applicant’s relocation would cause his wife financial hardship.
The waiver and supporting documentation failed to establish that the applicant’s spouse would be unable to properly care for herself and her child while continuing her work as a physician.
Alternatively, it was not established that the applicant would be unable to obtain gainful employment abroad that would permit him to assist his wife financially should the need arise.
Finally, the applicant’s spouse had a support network in the United States, including her parents and sibling, and it was not established that the applicant’s spouse’s relatives would be unable to provide needed assistance to the applicant’s spouse.

On motion, counsel effectively addressed the issues raised by the AAO:

In a declaration the applicant’s spouse details that she is going through turmoil and anguish knowing that she and her child may be separated from the applicant for a ten-year period.
She explains that as a physician, her career will be in jeopardy if she shows any evidence of mental or physical anguish.
She contends that at times she has been so distraught at the idea of her husband relocating abroad that she has had to fight back tears while at work.
The applicant’s spouse further asserts that she has no support to help take care of her daughter as her parents are old and suffer from many ailments and the rest of her family does not live close by.
Moreover, the applicant’s spouse maintains that she and the applicant work part-time to ensure that one of them is with their daughter as much as possible and a change in that arrangement would cause her and her child hardship.
In support, counsel re-submitted an evaluation from a doctor that states that the applicant’s spouse’s anxiety and depression are a direct result of the circumstances surrounding her husband’s case.
The doctor concludes that were the applicant to re-locate abroad while his spouse remains in the United States, the applicant’s spouse will slip into a protracted depression.
The applicant’s spouse’s pastors have also provided letters outlining the hardships the applicant’s spouse and child would face were the applicant to re-locate abroad, including emotional turmoil and day to day hardships.
Moreover, numerous letters have been provided from the applicant’s friends outlining the hardships the applicant’s family will face without the applicant’s daily presence.
Finally, counsel submitted financial documentation establishing the applicant’s and his spouse’s income and expenses and noting that due to business losses, the applicant’s spouse may not be able to cover all the family expenses without her husband’s financial support.

All this thus established on motion that the applicant’s spouse would experience extreme hardship were she to remain in the United States while her husband relocates abroad as a result of his inadmissibility.

However, the grant or denial of the waiver does not turn only on the issue of the meaning of “extreme hardship.” It also hinges on the discretion of the Secretary and pursuant to such terms, conditions and procedures as she may by regulations prescribe. In discretionary matters, the alien bears the burden of proving eligibility in terms of equities in the United States which are not outweighed by adverse factors. See Matter of T-S-Y-, 7 I&N Dec. 582 (BIA 1957).

In evaluating whether relief is warranted in the exercise of discretion, the factors adverse to the alien include the nature and underlying circumstances of the exclusion ground at issue, the presence of additional significant violations of this country’s immigration laws, the existence of a criminal record, and if so, its nature and seriousness, and the presence of other evidence indicative of the alien’s bad character or undesirability as a permanent resident of this country.

The favorable considerations include family ties in the United States, residence of long duration in this country (particularly where alien began residency at a young age), evidence of hardship to the alien and his family if he is excluded and deported, service in this country’s Armed Forces, a history of stable employment, the existence of property or business ties, evidence of value or service in the community, evidence of genuine rehabilitation if a criminal record exists, and other evidence attesting to the alien’s good character (e.g., affidavits from family, friends and responsible community representatives). See Matter of Mendez-Moralez,”-21 i&N bee. 296, 301 (BIA 1996).

The AAO must then balance the adverse factors evidencing an alien’s undesirability as a permanent resident with the social and humane considerations presented on the alien’s behalf to determine whether the grant of relief in the exercise of discretion appears to be in the best interests of the country.” Id. at 300. (Citations omitted).

In this case, the favorable factors are:

the extreme hardship the applicant’s U.S. citizen spouse and child would face if the applicant were to relocate to India, regardless of whether they accompanied the applicant or stayed in the United States;
community ties;
support letters from the church and friends;
the payment of taxes;
the apparent lack of a criminal record;
financial contributions to the church;
and the applipant’ s obtainment of an F -1 Visa and lawful entry after having accrued unlawful presence in the United States.

The unfavorable factors in this matter are the applicant’s periods of unlawful presence in the United States.

Although the violations committed by the applicant were considered serious in nature, the AAO found that the applicant has established that the favorable factors in her application outweigh the unfavorable factors. Therefore, a favorable exercise of the Secretary’s discretion was considered warranted and the I-601 extreme hardship waiver approved.

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

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.

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