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AAO Hardship Waiver Victory: New Delhi

November 20, 2012 (1 min read)

"When considered in the aggregate, the documentation provided regarding the qualifying spouse's medical, emotional and financial hardships demonstrate that the qualifying spouse would suffer extreme hardship were she to remain in the United States without the applicant.  The AAO thus concludes that were the applicant unable to reside in the United States due to his inadmissibility, his qualifying spouse would suffer extreme hardship. ... Although the applicant's violations of the immigration laws cannot be condoned, the positive factors in this case outweigh the negative factors. The AAO finds that a favorable exercise of discretion is warranted. ... [T]he appeal will be sustained." - Matter of X-, Sept. 12, 2012.  [Hats off to Laura E. Shephard!]