AAO Sec. 212(i) Waiver Victory - New York

Alan Lee writes: "[Linked] is a decision that we just received from the AAO sustaining our appeal of an INA §212(i) denial for a Chinese national entering the U. S. with a photo substituted Taiwanese passport who was placed in proceedings and remained in the country following an in absentia exclusion order.  She is applying for adjustment of status as the spouse of a U. S. citizen who is also the qualifying relative for establishing extreme hardship."

The AAO stated: "The favorable factors in this matter are the extreme hardship the applicant's U.S. citizen spouse and children would face if the applicant were to relocate to China, regardless of whether they accompanied the applicant or stayed in the United States, the applicant's community ties, her gainful employment while in the United States, support letters, the payment of taxes, the apparent lack of a criminal record and the passage of more than twenty years since the applicant's attempt to procure entry to the United States by fraud or willful misrepresentation. The unfavorable factors in this matter are the applicant's attempted entry to the United States by fraud or willful misrepresentation, periods of unlawful presence while in the United States, her placement in removal proceedings and the in absentia exclusion order issued to the applicant in 1993.

The immigration violations committed by the applicant are serious in nature and cannot be condoned. Nonetheless, the AAO finds that the applicant has established that the favorable factors in her application outweigh the unfavorable factors. Therefore, a favorable exercise of the Secretary's discretion is warranted." - Matter of X-, Aug. 16, 2013.