AAO 212(a)(9)(A)(iii) Waiver Victory

"The favorable factors in this case are the applicant's close family ties in the United States, his U.S. Citizen brother and Lawful Permanent Resident son; an approved 1-130 Petition; no evidence of a criminal record; a grant of voluntary departure; over 25 years have passed since the applicant...

AAO I-212 Victory in Michigan

Sarah E. Murphy writes: " The AAO reversed the decision of the USCIS Detroit field office director, which denied the application for permission to reapply for admission after removal [Form I-212], and concluded that the applicant had established that a favorable exercise of discretion is...

AAO Hardship Waiver Victory: Burkina Faso

"Based on her safety concerns in Burkina Faso, minimal ties to Burkina Faso, her separation from her family in the United States, the applicant's minor cousin's reliance on her for support, the family's financial circumstances in Burkina Faso, her limited employment prospects, and her...

AAO Hardship Waiver Victory; Adjustment Granted by USCIS

Russell R. Abrutyn writes: "I thought your readers might be interested in this AAO 212(i) hardship waiver decision. The qualifying relatives were the applicant’s parents but the family member with the most significant hardship was the applicant’s niece. The niece suffers from cerebral...

AAO Hardship Waiver Victory: India

Scott D. Pollock writes: "Here is a nice decision we got from the AAO that overturns a previous denial of an I-601 for both 212(a)(9)(B) and 212(i) waivers. The qualifying relative U.S. citizen husband is an entrepreneur who is engaged in expanding his network of small retail establishments. We...

AAO 212(i) Hardship Waiver Victory; Domestic Partnership Taken Into Account

"Counsel notes that the applicant's domestic partner of 17 years will suffer emotional and physical hardship due to the applicant's inadmissibility. However, the AAO may only consider hardship to a qualifying relative. The AAO may give some consideration to the applicant's relationship...

Waiving Goodbye to Unappealable Decisions: Indirect AAO Jurisdiction

"While the AAO does not have jurisdiction directly over the denial of an adjustment application, the AAO does have jurisdiction over the denial of most waiver applications. And in the AAO’s view, appellate jurisdiction to determine whether someone should have been granted a waiver necessarily...

AAO CIMT/Waiver Victory: London

"[W]e acknowledge that the term "moral turpitude" is not in common usage, and it is unlikely that the average person is aware of its meaning and application in U.S. immigration law. In this case, the applicant did not disclose his conviction when asked about crimes involving moral turpitude...

AAO I-601 Victory: China

Alan Lee writes: " Attached is another recent I-601 win at the AAO . In this case, the qualifying relatives were the applicant's U. S. citizen wife and permanent resident parents. The portion of the field office denial relating to the case was a peremptory paragraph of 13 lines focusing mainly...