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AAO I-601 Hardship Victory

May 13, 2014 (1 min read)

"The favorable factors in this matter are the extreme hardship the applicant's U.S. citizen spouse and child would face if the applicant were to relocate to India, regardless of whether they accompanied the applicant or stayed in the United States; community ties; support letters from the church and friends; the payment of taxes; the apparent lack of a .criminal record; financial contributions to the . church; and the applicant's obtainment of an F -1 Visa and lawful entry after having accrued unlawful presence in the United States. The unfavorable factors in this matter are the applicant's periods of unlawful presence in the United States.  Although the violations committed by. the applicant are serious in nature, the AAO finds that the applicant has established that the favorable factors in her application outweigh the unfavorable factors. Therefore, a favorable exercise of the Secretary's discretion is warranted." - Matter of X-, May 7, 2014.  [Hats off to Michael Carlin!]