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AAO 212(i) Hardship Victory - Matter of A-C-D-C-, ID# 17208 (AAO Aug. 9, 2016)

August 19, 2016 (1 min read)

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. The favorable factors include the extreme hardship that the Applicant's U.S. citizen spouse would suffer if the Applicant were removed to Brazil and the Applicant's lack of a criminal record. In addition, the record indicates that the Applicant has been in this country for 17 years. he has family ties here, he has paid taxes, and he is currently self-employed in his own cleaning business. His good character also is described letters of support. Upon review, the positive factors in this case outweigh the negative factors, such that a favorable exercise of discretion is warranted. ... The Applicant has ... provided sufficient evidence showing, cumulatively, that the emotional, physical. and financial hardship his spouse would experience if his application were denied would be extreme. ORDER: The appeal is sustained."  [Hats off to Patricia Cooper!]