Immigration Law

Pro Bono AAO Hardship 212(i) Waiver Victory; FGM; Cote d'Ivoire

Hats off to Cyrus D. Mehta for this pro bono publico victory:

"Here we find that the record establishes that the applicant's spouse will suffer extreme hardship as a consequence of being separated from the applicant.  The record shows that the spouse works extensive hours and would likely have difficulty arranging and paying for long-term daycare for his children in the applicant's absence.  The record further shows that the spouse has a close bond with the applicant due to her past experiences [FGM] and that if she were to return to Cote d'Ivoire he would be concerned for her safety as well as that of his children, particularly his daughter, if they were to accompany the applicant.  We also find the record to establish that the applicant's spouse would experience extreme hardship if he were to relocate to Cote d'Ivoire to reside with the applicant due to her inadmissibility.  The applicant asserts that her spouse escaped from Cote d'Ivoire in 2000 and was granted asylum in the United Stales, making it impractical and possibly  dangerous for him to return as he would fear harm because of the former political activism that led to receive asylum, and he now has no ties to Cote d'Ivoire.  The applicant's spouse also states that he fears being persecuted and again suffering trauma in Cote d'Ivoire, and that in the United States he has friends and a mosque, and can raise his family in peace. ... The appeal is sustained." - Matter of X-, Feb. 12, 2015.