AAO 212(i) Waiver Victory

"The AAO acknowledges that the applicant's wife has been residing in the United States for many years and that she may experience some hardship in relocating to the Dominican Republic. Based on the record as a whole including the applicant's spouse's emotional issues, her separation from her mother and brother, losing her employment and property in the United States, disruption of her son's medical treatments and special education, losing Medicaid for her son, and having to raise her children in the Dominican Republic, the AAO find that the applicant's wife would suffer extreme hardship if she were to return to the Dominican Republic to be with the applicant. ... [and] ... considering the applicant's spouse's mental health issues; raising her children, including a disabled child, without the assistance of the applicant; and the normal hardships that result from the permanent separation of a loved one, the AAO finds the record to establish that the applicant's wife would face extreme hardship if she remained in the United States in his absence. Accordingly, the applicant has established extreme hardship to a qualifying relative under section 212(i) of the Act."

Matter of X-, Sept. 9, 2011.