Immigration Law

Recent Posts

CA1 on El Salvador, Gang Membership, Jurisdiction, Hardship, Evidence: Perez-Trujillo v. Garland
Posted on 28 Jun 2021 by Daniel M. Kowalski

Perez-Trujillo v. Garland "At issue are Nestor Perez-Trujillo's petitions for review of two decisions by the Board of Immigration Appeals ("BIA"): its 2011 ruling affirming the denial of his application for asylum, withholding of... Read More

AAO Hardship Remand
Posted on 18 May 2021 by Daniel M. Kowalski

Hats off to Alan Lee for this May 6, 2021 AAO remand regarding hardship for an I-212 waiver. Kudos! Read More

Tags: AAO , hardship , i-212

J-1 Hardship Victory at SDNY: Teleanus v. Koumans
Posted on 24 Aug 2020 by Daniel M. Kowalski

Teleanus v. Koumans "Here, because the AAO failed to “articulate a satisfactory explanation” for why Mr. Teleanu’s departure would not constitute exceptional hardship for J.T., and provided no indication that it gave “explicit... Read More

Tags: j-1 , hardship

BIA on Hardship: Matter of J-J-G-, 27 I&N Dec. 808 (BIA 2020)
Posted on 31 Mar 2020 by Daniel M. Kowalski

Matter of J-J-G-, 27 I&N Dec. 808 (BIA 2020) (1) The exceptional and extremely unusual hardship for cancellation of removal is based on a cumulative consideration of all hardship factors, but to the extent that a claim is based on the health of... Read More

Two New AAO I-601 Hardship Waiver Victories
Posted on 16 Nov 2017 by Daniel M. Kowalski

Alan Lee writes : "The law firm won two recent non-precedential decisions at the U.S.C.I.S. Administrative Appeals Office which sided with us in our appeals of I-601 denials. An I-601 approval is required to waive grounds of inadmissibility, which... Read More

Tags: lee , waiver , AAO , hardship , China

10 Facts About the New Provisional Waiver Process
Posted on 3 Jan 2013 by Daniel M. Kowalski

" Today, the USCIS finally published the much-awaited rule on the unlawful presence waiver (I-601A), which will take effect on March 4, 2013. We previewed this development in this blog in October 2012. This is an enormous development. The so-called... Read More

AAO I-601 Victory: China
Posted on 6 Oct 2013 by Daniel M. Kowalski

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... Read More

AAO 212(i) Waiver Victory
Posted on 6 Oct 2011 by Daniel M. Kowalski

"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... Read More

Tags: AAO , hardship

CA9 on Hardship, Jurisdiction: Arteaga-De Alvarez v. Holder
Posted on 3 Jan 2013 by Daniel M. Kowalski

"Petitioner Laura Arteaga de Alvarez (“Arteaga”) is an undocumented Mexican national. She is married to a legal permanent resident, who obtained that status after being granted cancellation of removal in 2003, shortly before the couple... Read More

Unpub. BIA Hardship Remand, Non-LPR Cancellation; Ecuador; Non-Qualifying Sibling
Posted on 20 Dec 2012 by Daniel M. Kowalski

H. Raymond Fasano writes: "Attached please find a BIA decision from December 13, 2012 that my Firm won. My partner, Rodney Youman, wrote the brief. The case is significant because the Board recognized the imputed hardship a non-qualifying relative... Read More

Unpub. BIA Cancellation Hardship Victory; Mexico; Heart Defects
Posted on 23 Sep 2013 by Daniel M. Kowalski

"We also find that, while the respondent in this case has family in Mexico, her situation nevertheless is analogous to that in Matter of Recinas, supra, as she is a single mother of limited economic means who is supporting her five children, including... Read More

AAO 212(i) Hardship Victory - Matter of A-C-D-C-, ID# 17208 (AAO Aug. 9, 2016)
Posted on 19 Aug 2016 by Daniel M. Kowalski

Matter of A-C-D-C-, ID# 17208 (AAO Aug. 9, 2016) - "The unfavorable factors in this case are the Applicant's use of a photo-substituted passport and visa to enter the United States and his unauthorized presence and employment in the United States... Read More

AAO 212(h) Hardship Victory; Mexico; Drug Conviction
Posted on 20 May 2014 by Daniel M. Kowalski

"The favorable factors in the applicant's case include the extreme hardship his spouse would suffer as a result of his inadmissibility; his other family ties to the United States; the lack of any criminal record beyond the conviction for possession... Read More

AAO Hardship Waiver Victory; Adjustment Granted by USCIS
Posted on 24 Oct 2012 by Daniel M. Kowalski

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... Read More

Tags: abrutyn , waiver , AAO , hardship

Federal Court Litigation Triggers I-612 Hardship Waiver Victory: Fabry v. Kerry
Posted on 8 May 2015 by Daniel M. Kowalski

Filing of lawsuit by Hake & Schmitt induces State Department Waiver Review Division to issue favorable recommendation in de novo filing in an I-612 hardship waiver case "The State Department Waiver Review Division (WRD) issued a not favorable... Read More