I-612 Approval Notice: Hardship Waiver
J-1 Exceptional Hardship Waiver Approval
Filed: May 25, 2017
Request for Evidence Issued: November 9, 2017
Request for Evidence Response Filed: December 2017
Approved: May 21, 2018
J exceptional hardship Waiver Approved for Client from Egypt
J-1 Hardship Waiver Approved for Client from Egypt with Government Funding
Filed: February 23, 2017
Approved: October 24, 2017
Client had been in the U.S. for several years on a J-1 with government financing and his spouse was a J-2. The couple had a baby, now a young child, born in the U.S. When the child was born the child had an abnormal newborn screening and since then the child had several respiratory infections. We explained if this waiver were denied the child would be forced to relocate to Egypt for at least two years because the child cannot remain in the U.S. without his parents. We successfully argued relocation would result in exceptional medical hardship as in the U.S. the child had excellent medical coverage but in Egypt the available medical care is inadequate. In fact, on the child’s sole trip to Egypt the child because ill and we successfully argued the child received inadequate care. We also successfully argued concerning the exceptional hardship to the child’s development and mental health. We also successfully argued other exceptional hardship inherent in the dangerous country conditions. Finally, we successfully argued that the J-1 father faced hardship in Egypt in terms of his employment prospects and future and this was relevant insofar as the hardship would affect the U.S. citizen child.
I601A 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
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 greencard.) Since his parents brought him into the U.S. illegally he needed to obtain an I601A 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. 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. Also, the couple recently purchased their own home which she could not pay for if he was forced to go abroad. Also, 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. Finally, if client left his job his wife would lose her health care coverage. 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.
Approval for Exceptional Hardship Waiver for Client from India, Program Sponsor: ECFMG
Filed November 16, 2016
Approved July 25, 2017
Client married a U.S. Citizen and together the couple was expecting their first child. Applicant had left the U.S. after completion of his J-1 program, leaving his pregnant wife alone in the U.S. Applicant’s wife was having a high risk pregnancy. To win this case we needed to argue that the wife would suffer if Applicant was unable to return to the U.S. and also if wife tried to relocate abroad. Regarding the scenario of continued separation, we successfully argued Applicant needed to return to U.S. to support his wife in her pregnancy, child birth, and post partem period. Regarding the scenario of having the wife relocate, we researched and crafted arguments based on country conditions in India and the wife’s ties to the U.S. Applicant then reentered the U.S. on a tourist visa while the j waiver was pending and ended up filing for adjustment of status so he could stay with his wife and now newborn child. Thankfully we received the approval of client’s j waiver before his “greencard” (adjustment of status) was adjudicated.
Approval for Exceptional Hardship Waiver for Client from Dominican Republic with Government Funding
Filed: November 16, 2016
Approved: July 24, 2017
Client entered from the U.S. on a J-1 visa and met and married a U.S. Citizen. The couple had a baby girl born in the U.S. To win this case we had to prove that the client’s U.S. citizen wife would suffer exceptional hardship both if she tried to relocate to the Dominican Republic and also if she remained in the U.S. while client completed his home residency requirement abroad. Regarding the scenario of relocation we built arguments based on the wife’s medical needs and also because the wife does not speak Spanish, was born in the U.S., and has no ties to the Dominican Republic. We also included a lot of our own research regarding poor country conditions and crime and corruption in the Dominican Republic. To win the part of the case concerning the scenario of separation we crafted arguments based on wife and their baby’s reliance on client’s ability to remain in the U.S.
I-601a Waiver Approved for Client who entered US illiegally from Mexico in 2004
Filed: November 7, 2016
Approved: July 20, 2017
Country: Mexico
Client entered the U.S. in 2004 illegally by crossing the border and has remained in the U.S. without legal status. He married a woman of Mexican descent who was born in the U.S. and together the couple has two children born in the U.S. We argued that if the waiver was denied there would be extreme hardship to the US citizen wife because she was financially dependent on client. Client’s wife does not work for pay and 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 also argued family could not relocate due to the extreme hardship inherent to the country conditions abroad. We also argued that 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. 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.
J-1 Hardship Waiver Approved for Saudi Arabian Client
Filed: August 15, 2016
Approved: June 20, 2017
Country: Saudi Arabia
Client came to the U.S. on a J-1 and had a U.S. Citizen child. In order to win these cases we have to successfully argue that the U.S. Citizen would suffer exceptional hardship both if he/she remained in the U.S. without the J-1 visa holder and also if he/she went back to the home country with the J-1 visa holder for two years. Since in this case the U.S. Citizen is a child and the mother is a J-2 also subject to the home residency requirement we successfully argued that if the waiver was denied the child could not stay in the U.S. alone and the child would be forced to relocate to Saudi Arabia for two years. In terms of exceptional hardship in Saudi Arabia we discussed the danger and discrimination of Shia Muslims in Saudi Arabia in addition to other damaging conditions. In ten months, the case was approved and the family can now continue their lives in the U.S.!
I601A Waiver Approved for Client
Filed: 2/23/2016
Approved: Approved 3/3/2017
Country: South American Region
Client entered the U.S. illegally by crossing the border nearly 20 years ago and does not have a criminal record. Client is married to a U.S. Citizen of Mexican descent and the couple has multiple children born in the U.S. In terms of health hardship, we provided evidence that client’s wife suffers from migraines, minor asthma, and stomach problems, argued that the health of client’s wife would suffer if she tried to relocate to Mexico with client, that client’s wife relies on client’s presence in the U.S. because he is the family’s sole source of income and the client’s wife does not know how to drive. See detailed story here
I601A Waiver Approved for Client
Filed: June 11, 2016
Approved: November 3, 2016
Country: South American Region
Client entered illegally in the early 2000s. He fled from his home country in South America into Mexico and crossed the border illegally into the U.S. He is married to a U.S. Citizen. We were successfully able to argue extreme hardship because client’s spouse previously suffered from an eating disorder. Since the eating disorder is not actually about food, it is an unhealthy coping mechanism, we argued that both relocating to a foreign country or remaining in the U.S. without her spouse would result in extreme emotional and related physical hardship. Also, the spouse receives her medical care through Covered California so a relocation out of the U.S. would result in losing her health care. Finally, we argued client and his wife were particularly worthy of a favorable exercise of discretion due to their extensive volunteer work.
I601A Waiver Approved for Client
Filed: December 28, 2015
Approved: May 13, 2016
Country: Mexico
Client entered the U.S. at the age of 15. He is married to a U.S. Citizen and the couple has three children. We argued on client’s behalf an element of medical hardship because client’s wife was hospitalized once previously and one of the children has a medical issue which is being monitored. Also, the family relies on the incomes of both client and his wife and client and his wife both care for the children. In some cases, the hardship is very clear; in most cases, there are many small elements of hardship. We argue that these small factors of hardship should result in extreme hardship as a whole.
I-601A Waiver Approval from Mexico
Filed: December 26, 2015
Approved: April 18, 2016
Client was brought into the U.S. when she was a child. She was raised in the U.S. where she met and married her high school sweetheart, a U.S. Citizen. Together the couple has three children born in the U.S. We argued that client’s waiver should be approved because client was a stay at home mom and her husband could not both work and take care of all of the children. Also, client’s husband does not earn enough to pay for childcare. Additionally, one of the children was hyperactive and difficult to care for and there would be extreme emotional hardship to client’s husband if client’s waiver was denied. Client and her husband were thrilled when their waiver was approved particularly because since client has been here since childhood this is the only country she really knows at all. At Ranchod Law we have experience supporting waiver cases and making strong arguments to present the very best case possible for our clients.
I-601 Waiver Approved for Client
Filed: September 4, 2015
Request for Evidence Issued: February 1, 2016
Filed Response to Request for Evidence: March 7, 2016
Approved: March 30, 2016
Country: Mexico
Client entered the U.S. illegally in 2004. He married a U.S. Citizen and together the couple had two U.S. citizen children. Client returned to Mexico in 2010 to care for a sick relative. Client’s U.S. citizen spouse filed a I-130 immigrant petition for client and as soon as client was denied at his immigrant interview abroad (for having entered the U.S. illegally and for having remained in the U.S. illegally) we filed client’s I-601 waiver. Client’s wife has a family history of cancer. Also client’s family had been having a very hard time financially since his departure relying on payday loans and barely getting by. All of this extreme stress was taking a serious toll on the mental health of client’s U.S. citizen wife. Also, client’s wife could not relocate to Mexico to be with her husband because she has other children from a prior relationship who live in the U.S. USCIS issued a request for evidence and we replied in great detail with additional paperwork supporting the case we already established. Client will finally be able to reenter the U.S. legally as a lawful permanent resident to be with his wife and children. Even if a client previously did not have legal advice, we can help client’s correct previous mistakes. Although it is best to hire an attorney from the beginning, we have experience working with clients at all stages and our results speak for themselves.
I601A Waiver Approved
Date Filed: December 1, 2015
Date Approved: February 20, 2015
Country: Mexico
Client entered the U.S. illegally in 2010 and married a U.S. Citizen in 2014. The couple has one child born last year. We argued on client’s behalf that client’s wife would suffer extreme emotional hardship because she had previously suffered a miscarriage and the loss of a parent. The couple was reliant on Client’s income as client’s wife has a low paying career and credit card debt. We worked hard arguing and documenting the available evidence and the case was approved in just over two months!!
I601 Waiver Approved for Client Abroad
Filed: June 18, 2015
Approved: January 20, 2016
Country: India
Client entered the U.S. illegally and was later put in removal and left the U.S. pursuant to voluntary departure. Client is married to a U.S. citizen. By the time our office was retained by client and his wife client had already been outside of the U.S., separated from his wife, for almost 3 ½ years, and the couple had already retained two attorneys previously who botched their case! We did an extremely thorough job of gathering all relevant paperwork. The client’s wife was so impressed by our thoroughness at one point she said “none of our previous attorneys ever requested any of this paperwork, if the case gets denied now I will at least feel like we did everything we could do.” We also put a lot of effort into our argument covering the medical history of client’s wife, the emotional hardship of the separation, the wife’s career and family ties to the U.S., and the conditions in India. When they received the approval client and his wife felt thankful for our hard work and detail oriented approach to their case. After such a long separation they can finally continue their lives together in the U.S.
Another I601A Approval
Filed: September 3, 2015
Approved: December 23, 2015
Country: Mexico
Client, Mr. Diaz, crossed the border into the U.S. when he was 18 years old. He is married to a U.S. Citizen, Mrs. Diaz, and together the couple has a U.S. Citizen daughter. A large part of our argument focused on the mental and associated physical health of Mrs. Diaz. Mrs. Diaz is obese and she is an emotional eater, a prolonged separation from her husband could be catastrophic for her health. If Mr. Diaz were obligated to leave the U.S., Mrs. Diaz could not leave the U.S. as well because Mrs. Diaz cared for her elderly mother. In a little over three months the case was approved and we were so happy for this lovely family!
(please note actual names have been changed)
J Hardship Waiver for Doctor Approved
Filed: April 1, 2015
RFE Issued: September 12, 2015
Approved: December 28, 2015
Country: India
At Ranchod Law, we help many doctors who use J visas to complete residency obtain waivers of the two year home residency requirement. Most recently we helped Dr. Doe. Dr. Doe is from India. Dr. Doe’s wife is also a doctor in residency and together the couple has a baby. Dr. Doe and his wife are delightful and accomplished. A large part of our argument for Dr. Doe’s waiver revolved around the family’s childcare necessities. Both Dr. Doe and his wife worked long hours and were required to serve call. The couple switched off childcare quite a bit. There were no other reasonable options because the couple has no family nearby who could help and daycares are only open for standard hours. Moreover residents do not earn very much so hiring a live-in or round the clock nanny was not possible. Dr. Doe’s wife needed Dr. Doe to remain in the U.S. so she would have someone to switch off childcare. We also crafted an argument regarding India’s use of the caste system as Dr. Doe and his wife were from different castes. We believed the case would be approved quickly but five months after filing we received an unusual request for evidence. Immigration requested divorce certificates for both Dr. Doe ad his wife however neither Dr. Doe nor his wife had ever been previously married. We responded to the RFE expecting a quick decision. We followed up with USCIS and DOS multiple times and our office even opened formal inquiries through the American Immigration Lawyers Association until finally we received our approval!
(please note actual names have been changed)
Approval of Another Hardship Based J Waiver
Filed: April 9, 2015
Approved: October 15, 2015
Client was out of status by the time she came to our office for help with her j waiver. Client is married to a U.S. Citizen and had just given birth to the couple’s first child. We were able to successfully argue hardship because client’s husband could not practice his profession abroad and client’s husband owns a home in the U.S. and leaving his job in the U.S. would mean defaulting on his financial responsibilities. Also, client’s husband could not afford to care for his infant while his wife completed her home residency requirement abroad and client’s home country, for many reasons, was not a good a safe place for their child. We worked extensively to argue each aspect of the case and were pleased to see the positive decision.
Approval of the Appeal of Denial of Naturalization to Become a U.S. Citizen
Filed: November 25, 2014
Interview: February 24, 2015
Approved: June 16, 2015
Client came to us after his application for naturalization (to become a U.S. citizen) was denied. Client’s application was denied because he was accused of committing fraud in that he was separated from his spouse at the time he filed his joint I-751 (petition to remove conditions of residence). The truth was that while client was separated from his spouse he was still married and believed the relationship would work out. Unfortunately, there was little supporting paperwork to prove he was still in the relationship, especially since the couple was living apart. Nevertheless, we worked with the paperwork we did have and focused a large part of our argument on the fact that client had no reason to lie. Client really believed and hoped the relationship would work out. Otherwise, since there was no question the marriage was valid in the first place, if he had been divorced he could have filed the petition on his own, without his spouse’s signature. It was a long process but client was delighted when the case was finally approved!
Approval of I-601A for Client Brought to U.S. as a Child
Case presented to USCIS on: January 27, 2015
RFE Issued: April 10, 2015
Responded to RFE on: May 8, 2015
Approved: June 3, 2015
Client was brought into the U.S. by his parents at the age of 2. He didn’t even realize or understand he lacked status in the U.S. until he was in high school. While in high school, he met his wife and the couple had a child and later married. We argued client’s wife would suffer extreme emotional hardship if the waiver was denied. USCIS requested additional evidence to support the case and we submitted additional statements on client and his wife’s behalf along with some additional paperwork. The case was approved less than one month after we responded to the RFE and the client and his wife are delighted client can finally work and drive legally!
Approval of I-601A Application for Provisional Unlawful Presence Waiver
Case filed on: January 26, 2015
Approved on: April 17, 2015
Our client entered the U.S. illegally in 2003 from Mexico and has since been without lawful status. Client is married to a U.S. citizen, has three children and currently expecting a fourth. Client is a stay-at-home parent who cares for the young children while his wife is at work full time. His wife’s income is the family’s sole income. Our application argued that if our client was forced to return to Mexico, it would be impossible for his wife to earn an income from work and care for the children. She would have been forced into financial hardship by either quitting her job to care for the children herself or alternatively paying all income towards childcare. Further if client’s wife joined him in Mexico, she would have lost her entire career and the family’s sole income. Although financial hardship was the strongest argument, we also argued that our client’s wife and children would suffer immense emotional and psychological hardship from losing a husband and father. Client and his wife are grateful to be able to be together in the U.S. upon the birth of their fourth child.
Approval of I-601 Application for Waiver of Grounds of Inadmissibility for Alien Smuggling and 10-Year Bar
Case filed on: November 21, 2014
Approved on: March 25, 2015
Client entered the U.S. illegally in 2004 and brought her daughter with her when she crossed the border. She remained in the U.S. illegally until 2013, when she chose to return to her home country. During her time in the U.S. she married a U.S. Citizen and together the couple had two U.S. citizen children. When client tried to return to the U.S. based on her U.S. Citizen spouse she was denied and charged with alien smuggling and the ten year bar. In order to waive the charge of alien smuggling we had to prove such a waiver would serve a humanitarian purpose, serve family unity, and would be in the public interest. In order to waive the ten year bar for her illegal presence in the U.S., we had to prove extreme hardship to client’s U.S. Citizen spouse. We worked with client to build a strong case with a lot of evidence and the case was approved four months after filing!
I-601A Application for Provisional Unlawful Presence Waiver Approval
Case filed on: November 18, 2014
Request for Additional Evidence (RFE) Issued on: January 22, 2015
Reply to RFE Submitted to USCIS on: February 19, 2015
Case Approved on: February 25, 2015
Client crossed the border into the U.S. illegally as a teenager in the early 90s and had remained in the U.S. illegally since his entry. He is and had been gainfully employed for the same employer for a significant period of time and he is married to a U.S. citizen, with a U.S. citizen step daughter, and a U.S. citizen daughter from a prior relationship. Among a mountain of other supporting evidence, we submitted paperwork related to his wife and step daughter’s medical issues. We also placed a lot of significance on client’s role as his family’s main financial provider which was important not only in terms of income but also because his family received health insurance through client’s employment and if client were ever forced to leave the U.S. they would be left without money or a way to obtain health insurance. This last point was even more significant given the wife and step daughter’s medical histories. We received a Request for Additional Evidence two months after filing with boiler plate language and we responded in great detail and within days of our submission client’s waiver was approved! Client has lived in the U.S. illegally for so long he cannot even believe he will finally have legal status like the rest of his family.
Please contact us to discuss your prospects for obtaining an immigration waiver like the I-601A waiver case for this past client. Also, if you filed with another attorney or on your own and are now faced with a reply to an immigration Request for Initial/Additional Evidence we can use our experience to represent you on this aspect of your case.
Approval of I601 Waiver of the Grounds of Inadmissibility for Convictions of Crimes Involving
Moral Turpitude
Filed March 18, 2014
Approved July 16, 2014
Our client was previously a lawful permanent resident who was convicted of three separate instances of petty theft and one conviction for commercial burglary. She had been placed in removal proceedings in immigration court and granted voluntary departure. She had left the U.S. pursuant to the terms of her voluntary departure.
While in her home country she married her long time boyfriend, a U.S. citizen who suffers from mental health issues. Client contacted us from her home country.
We successfully argued on client’s behalf that her spouse did not have access to the medical treatment he needed in her home country and he needed her support in the U.S. for his continued mental health. Client’s waiver was approved in just under four months!
Approval of I-601 Waiver for Immigration Fraud/Misrepresentation
Adjustment (“greencard”) interview: 01/05/2015
Waiver sent to USCIS: 01/06/2015
Client received greencard: 02/05/2015
Client had a long difficult immigration history which included being placed in removal proceeding before the immigration court. Client hired us to file his waiver on his behalf. We argued that despite USCIS’ request for a waiver, as a matter of law because of client’s specific circumstances he was not inadmissible to the U.S. and hence did not even need a waiver. We also argued in the alternative that client was eligible for a waiver because client’s wife would suffer extreme hardship, client was a stay at home dad to the couple’s three children. Client received his greencard just shy of one month after we filed his USCIS requested waiver. Client’s only regret was not having hired us sooner so that he could have avoided the heart ache, hassle, and lost time he experienced with his prior immigration attorneys.
Approval of I-601A Application for Provisional Unlawful Presence Waiver
Filed: November 6, 2014
Approved: February 3, 2015
Client entered the U.S. illegally in 2005 and has been without status in the U.S. since his entry. Client is married to a U.S. Citizen with two U.S. Citizen children. Client works two jobs while his wife is a full time graduate student and mother. We argued hardship in that client’s wife could not continue her education abroad (she does not speak Spanish fluently) and she would be unable to work enough to support herself and pay for childcare for her two young children. Client’s wife has no one to help her besides client. In addition to educational and financial hardship we of course also argued emotional hardship. Waiver was approved in just under three months!
Parole in Place Approved for Spouse of U.S. Soldier
Filed: July 11, 2014
Approved: September 15, 2014
Our client entered the U.S. illegally in 2005 and had been in the U.S. illegally since her entry. She is married to an individual in the U.S. Armed Forces so we applied for and received a parole for her, this allowed client to apply for her lawful permanent residency (“greencard”) here in the U.S. without ever having to return to her home country.
Approval of I601 for Waiver of the Grounds of Inadmissibility for Illegal Entry and Presence in the U.S.
Responded to RFE on: May 29, 2014
Approved: June 6, 2014
Client was brought into the U.S. as a child. She was educated and raised in the U.S. and in the U.S. is where she met and married her U.S. Citizen husband and gave birth to their child. Before her child’s second birthday, client returned to Mexico.
Her husband remained in the U.S. She hoped to file a waiver abroad and enter the U.S. with her immigrant visa. During one of her husband’s visits in Mexico, client became pregnant again. Client filed for her own waiver without the help of an attorney. We were contacted by client’s husband after client received a Request for Additional Evidence.
We responded to the Request by essentially having to build her entire waiver case. This was extremely difficult to do given the very small amount of time permitted by the Request. Nevertheless, our experience, know how, and hard work paid off and client received an approval in less than one month!
Approval of I601A Provisional Unlawful Presence Waiver
Filed: August 18, 2014
RFE Issued on: December 2, 2014
Responded to RFE on: January 4, 2015
Approved: January 9, 2015
Client entered the U.S. nearly twenty years ago at the age of 16. He has been married since 2008 to a U.S. Citizen, and together the couple has a U.S. Citizen son born in 2009. Client’s wife has an established medical history of depression.
We argued that emotionally, she could not handle either the separation from client or relocation abroad. Also, client and his wife care for her elderly and sick U.S. Citizen parents, who live with client and wife.
Client and his wife earn a fairly large income in the U.S. which could not be duplicated abroad and client and his wife needed to continue earning their current incomes in order to comply with their many financial obligations in the U.S. USCIS issued a Request for Evidence on a standard form and we responded comprehensively on client’s behalf. Case was approved within a few days of our response!
Approval of I601A Provisional Unlawful Presence Waiver
Filed: November 20, 2014
Approved: January 15, 2015
Client entered the U.S. at the age of 18, over 13 years ago. Client has been married to his wife for almost four years and the couple has a two year old son. The couple is also raising the client’s stepson, his wife’s son from a prior marriage. Client’s wife suffers from rheumatoid arthritis, she is able to receive her very expensive and necessary medication through an assistance program but she would not have access to the program and her medication if she went abroad.
The couple also couldn’t go abroad because they care for client’s mother in law, who also suffers from rheumatoid arthritis. The couple also couldn’t go abroad because client’s stepson’s biological father will not allow it. Client couldn’t leave his wife and children in the U.S. and go abroad by himself because the family is barely getting by financially as is and having to support two households would be dire.
Also client’s wife was suffering from anxiety and depression at the possibility of her husband leaving her. Finally, as her arthritis advanced further and further client’s wife will need to depend on client more and more. Case was approved in under two months!
Approval of I601A Provisional Unlawful Presence Waiver
Filed April 22, 2014
Approved August 8, 2014
Client had been in the U.S. illegally since 1999. She had a U.S. child from a prior marriage and she was married to U.S. Citizen.
Prior to their relationship our client’s spouse was an alcoholic who was also addicted to gambling and abused illegal drugs. Since their relationship our client’s spouse had cleaned up his act, keeping a steady job, furthering his education, and paying off his debts. Client’s spouse also did not have any further arrests since the start of their relationship.
We argued client’s continued presence in the U.S. was necessary to her spouse’s sobriety and associated good behavior. We also argued that client’s spouse couldn’t live with our client in her home country because he cares for his elderly parents in the U.S. and he could not further his career and education abroad. Case was approved in less than four months!
