I601A Waiver Approval for Client entering illegally the U.S. from Mexico

I601A Provisional Unlawful Presence Waiver (Form I-797 NOTICE OF ACTION)

Approval of I601A Waiver for Entering Illegally and Staying in the U.S. Illegally for Mexican Client

Filed October 11, 2016
Approved August 14, 2017

The Facts About This Case

  • Client entered into the U.S. in the early 2000s
  • He married a U.S. citizen
  • At the time we filed the case the couple was expecting their first child

How We Managed the Case

In order to win this case, we had to prove to immigration that client’s U.S. Citizen wife would suffer extreme hardship if she relocated to Mexico to be with client. Furthermore, she would suffer extreme hardship if she remained in the U.S. while client was in Mexico.

In support of the former, we argued relocation was not possible because she would lose her health care coverage if she relocated and she needs access to prenatal care.

We also argued she cannot even visit Mexico because of the risk of Zika. She is also very attached to her family (parents, siblings, nieces, and nephews) and a separation would be catastrophic to her mental health. In terms of extreme hardship in the scenario of separation (client returns to Mexico and wife stays in the U.S.), we argued wife needed husband’s continued support. She was seeing a therapist for anxiety.

Another valid point we argued was that husband contributed financially and this will be even more important when wife takes a period of unpaid leave after their child’s birth.

Finally, we argued that wife would need to depend on her husband to co-parent their child.

Our argument proved successful

This was a particularly difficult case to win because husband has a prior conviction for a crime involving moral turpitude but we were able to research an exception to qualify the client.

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