Approval of I-601A Waiver for Entering Illegally and Staying in the U.S. Illegally for Mexican Client
Date Waiver was Filed: October 11, 2016
Date Waiver was Approved: August 14, 2017
The Facts About This Provisional Unlawful Presence Waiver
- The Client illegally entered and Stayed in the United States in the early 2000s
- During this time, having the status of an illegal immigrant, he married a U.S. citizen
- At the time we filed for an I-601A Provisional Unlawful Presence Waiver, the couple was expecting their first child
How We Managed the Case: proving extreme hardship
To win this case, we had to prove to USCIS that the client’s U.S. Citizen wife would suffer extreme hardship if she were to relocate to Mexico to be with her husband, the client. In an alternative scenario, Client’s spouse would face and suffer extreme hardship if she remained in the United States if her husband, our client, were to move back to Mexico as required by law.
Our Immigration Attorneys at the Ranchod Law Group, in support of the former, argued that relocation was not possible because she would lose her health care coverage if she relocated to Mexico. In our brief, we presented facts supporting her need for prenatal care.
The I-601A hardship waiver case our attorneys were able to build argued that she would not be in a position to visit Mexico, because of the risk of Zika. We documented how the Client’s wife is very attached to her family (parents, siblings, nieces, and nephews), and provided supporting evidence which lead to the conclusion that a separation would be catastrophic to her mental health. In fact, she was already seeing a therapist for anxiety – the separation would have added to an already high state of anxiety.
In terms of extreme hardship in this scenario of separation (client returns to Mexico and wife stays in the U.S.), we argued wife needed husband’s continued support.
Another valid point we argued was that the husband contributed financially, and this will be even more important when the wife takes a period of unpaid leave after their child’s birth.
Finally, we argued that the wife would need to depend on her husband to co-parent their child.
Our argument proved successful
It was an incredibly tricky I-601A case to win because the husband has a prior conviction for a crime involving moral turpitude. However, we were able to research an exception to qualify the client. By winning this case for our Client we shortened his separation from his family during the process of obtaining an immigrant visa to become a lawful permanent resident of the United States.
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Click here to read the Spanish version of this Success story I-601A success story