I-601A Waiver for Illegal Entry and for Being in the U.S. Illegally Approved for Client with DACA

Filed: December 12, 2016
Approved: September 18, 2017

The Facts of this Case

• Client is a young man with DACA
• He is married to a U.S. Citizen
• Thankfully he was never too sure about DACA‘s future and began the process to obtain his lawful permanent residence (his green card)
• Since his parents brought him into the U.S. illegally, he needed to obtain an I601-a waiver before he could receive his lawful permanent residence

In order to win these waivers we have to prove that his qualifying relative, in this case his U.S. citizen wife, would suffer extreme hardship both if she remained in the U.S. without client and also if she relocated abroad to be with client.

Additional Facts Proving Extreme Hardship

• Client’s wife was dependent on client as he is the primary financial provider for the family, a role he could not fulfill from abroad
• The couple recently purchased their own home which she could not pay for if he was forced to go abroad
• The wife is in college and she could not continue her education without client’s support and she also could not continue her education abroad
• If client left his job his wife would lose her health care coverage

Finally,. We crafted arguments around these circumstances and we are so happy client is able to become a lawful permanent resident, especially now that DACA has been discontinued.

The Facts about this i601a waiver approval for Mexican Client

Filed: November 11, 2016
Approved: July 20, 2017

We also argued exceptional emotional hardship in both the scenario of relocation and separation because after suffering a miscarriage the US citizen wife suffered from profound depression. We try to approach each case with multifaceted arguments in order to prove the extreme hardship necessary to win the case. The case was delayed for an entire year but ultimately the case was approved and we are so happy that the client will be able to receive his lawful permanent residency “greencard” which will open new doors of opportunities and give this family a new level of stability.

• Client entered the U.S. in 2004 illegally by crossing the border with Mexico
• He has remained in the U.S. without legal status
• He married a woman of Mexican descent who was born in the U.S.
• Together the couple has two children born in the U.S.

The Ranchod Law Group argued that if the waiver were denied, there would be extreme hardship to the US citizen wife because she was financially dependent on client.

Additional Elements used to Successfully Argue this case:

• Client’s wife does not work
• Even if she found a job she could not earn enough to support herself and their two children because she never even completed high school
• The older of the two children was only going to school for a few hours a day and the younger of the two children was too young for school
• Child care would offset the little money the wife could earn
• Client also could not earn enough abroad to support his family

We Argued:

• The family could not relocate due to the extreme hardship inherent to the country conditions abroad
• The wife and children could not relocate because their health insurance was provided by the state of California and the education program for the oldest child was also state-sponsored
• An exceptional emotional hardship in both the scenario of relocation and separation because after suffering a miscarriage the US citizen wife suffered from profound depression

Here at The Ranchod Law Group we try to approach each case with multifaceted arguments in order to prove the The family could not relocate due to the extreme hardship necessary to win the case. The case was delayed for an entire year but ultimately approved and we are so happy that the client will be able to receive his lawful permanent residency greencard which will open new doors of opportunities and give this family a new level of stability.

i-601a waiver approval document (exceptional hardship)

The Facts about this i-601a hardship waiver approval for El Salvadorian Client Who Entered the U.S. Illegally

Filed: December 22, 2016
Approved: April 11, 2017

• Client entered the U.S. illegally around 10 years ago
• He is married to a U.S. Citizen
• He has a U.S. Citizen child from a prior relationship
• Client’s U.S. Citizen spouse has had some health conditions in the past including anxiety
• Client’s U.S. Citizen spouse is a student

To win these i-601a cases, we were required to prove client’s wife would suffer extreme hardship both if she remained in the U.S. without client and also if she tried to accompany client to El Salvador.

We were able to successfully argue client cannot support his spouse physically, financially, or emotionally from abroad.

We also argued client’s wife cannot relocate to El Salvador because in El Salvador she would lack access to the medical care she needs, she doesn’t speak Spanish, she could not continue her education, and because of the dangerous country conditions. As a discretionary matter we also pointed out client has a U.S. Citizen child from a prior relationship who is dependent on his child support and their relationship for his well-being and development. The Ranchod Law Group has significant experience building and arguing waiver cases so we can present the best case possible for each client.

i-601a Waiver Approval (2017-04-13)

The Facts about this i-601a hardship waiver case

Filed: December 4, 2016

Approved: March 17, 2017

• Client is from Mexico
• Client entered the U.S. via the border when he was 15
• Client is married to a woman of Mexican descent born in the U.S.
• Client does not have a criminal history

Our Approach

These waivers are not easy to win. In order to win these cases we have to prove client’s wife would suffer hardship both if she tried to relocate to Mexico with client and also if she remained in the U.S. without client.

Client’s wife suffered from chronic pain in her feet and allergies. She was also experiencing depression and anxiety because of the stress of the immigration process.

Client’s husband is her main source of support physically, emotionally, and financially and client relies on her husband’s continued presence in the U.S. Client also couldn’t relocate to Mexico due to country conditions and also because she is responsible for her parents who live in the U.S.

Even though Client has DACA DACA he wanted to pursue an immigration option that would give him lawful permanent residency and eventually U.S. citizenship. This is a wise choice because the future of DACA is uncertain and we’ve already seen one DACA recipient unlawfully detained. We are happy to give this nice couple stability.

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