LexisNexis® Legal Newsroom
AAO Hardship Waiver Victory: Burkina Faso

"Based on her safety concerns in Burkina Faso, minimal ties to Burkina Faso, her separation from her family in the United States, the applicant's minor cousin's reliance on her for support, the family's financial circumstances in Burkina Faso, her limited employment prospects, and her...

AAO Hardship Waiver Victory; Adjustment Granted by USCIS

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 niece. The niece suffers from cerebral...

AAO Hardship Waiver Victory: India

Scott D. Pollock writes: "Here is a nice decision we got from the AAO that overturns a previous denial of an I-601 for both 212(a)(9)(B) and 212(i) waivers. The qualifying relative U.S. citizen husband is an entrepreneur who is engaged in expanding his network of small retail establishments. We...

10 Facts About the New Provisional Waiver Process

" 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 stateside waiver process will allow thousands of...

David Isaacson Unpacks the Provisional Waiver Final Rule

"One year ago, a previous post on this blog by Cyrus Mehta and this author discussed the issuance by USCIS of a proposed rule allowing certain applicants for a waiver of the 3- or 10-year bars to obtain such a waiver on a provisional basis before departing from the United States. It has been a long...

AAO 212(i) Hardship Waiver Victory; Domestic Partnership Taken Into Account

"Counsel notes that the applicant's domestic partner of 17 years will suffer emotional and physical hardship due to the applicant's inadmissibility. However, the AAO may only consider hardship to a qualifying relative. The AAO may give some consideration to the applicant's relationship...

AAO I-601 Victory: China

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 a peremptory paragraph of 13 lines focusing mainly...

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...

Federal Court Litigation Triggers I-612 Hardship Waiver Victory: Fabry v. Kerry

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 recommendation on an I-612 hardship waiver application...

AAO I-601 Extreme Hardship Victory (Mexico; Detroit)

Hats off to Michael Carlin for this Aug. 24, 2015 AAO victory!

Two New AAO I-601 Hardship Waiver Victories

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 in these cases involved fraud or misrepresentation...