02/14/2013 01:03:42 PM EST
AAO VAWA Self-Petitioner I-601 / I-212 Waiver Victory
"Upon review, the AAO finds that the applicant has established a sufficient connection between the battering and subjection to extreme cruelty she suffered at the hands of her former spouse and her departure and reentry to the United States that gave rise to inadmissibility under section 212(a)(9)(C)(i) of the Act. Section 212(a)(9)(C)(iii) of the Act. The AAO finds the record to support that her entry was connected to her "battering or subjection to extreme cruelty" at the hands of her former spouse, as required by section 212(a)(9)(C)(iii) of the Act. Accordingly, the applicant has shown that she meets the requirements for a waiver under section 212(a)(9)(C)(iii) of the Act. The AAO finds that the compelling circumstances in the present matter warrant a favorable exercise of discretion. ... The factors weighing in favor of granting the applicant permission to reapply for admission to the United States include the fact that she has an approved Form 1-360 petition as a VAWA self-petitioner, the fact that she and her two young sons have established significant ties to their community in Spokane, Washington, and, most importantly, the fact that the applicant remains under threat of death or serious harm if she returns to Mexico. The AAO finds that these factors outweigh the fact that the applicant entered the United States within 10 years of having been removed pursuant to a section 235(b)(1) proceeding. As such, the AAO concludes that a favorable exercise of discretion is warranted." - Matter of X-, Feb. 4, 2013.
Hats way off to Philip Hornik!