LexisNexis® Legal Newsroom
BIA on Proof of Hardship: Matter of Calderon-Hernandez, ID 3763

Matter of Calderon-Hernandez, ID 3763, 25 I&N Dec. 885 (BIA 2012) - An applicant for cancellation of removal seeking to establish exceptional and extremely unusual hardship to his or her child is not required to provide an affidavit and other documentary evidence regarding the child’s care...

AAO Hardship Waiver Victory: Matter of Inostroza de Palache

Eric Bjotvedt writes: "This is a long and interesting case for your readers. I appealed the Field Office Director’s decision denying my client’s I-601 in Mexico City. The appeal was sustained by the AAO when I was able to convince it that the decision must be overturned since the totality...

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: New Delhi

"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...

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...

Unpub. BIA Hardship Remand, Non-LPR Cancellation; Ecuador; Non-Qualifying Sibling

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 sibling had on the sibling who was a qualifying...

CA9 on Hardship, Jurisdiction: Arteaga-De Alvarez v. Holder

"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 married. They have three children who are all United...

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 Hardship Waiver Victory: Mexico

Jennifer M. Morrissey writes: "Here is an I-601 AAO approval I received today. Only took six years…. (I-601 filed in 2007 with Portland Field Office – denied 2009, appeal to AAO denied 2012, Motion to Reopen granted and I-601 approved March 15, 2013 )."

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...

Unpub. BIA Cancellation Hardship Victory; Mexico; Heart Defects

"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 four United States citizens, two of whom have...

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...

AAO I-601 Hardship Victory

"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...

AAO 212(h) Hardship Victory; Mexico; Drug Conviction

"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 of marijuana, and, as attested to by numerous...

AAO 212(i) Hardship Victory; Mexico, Alien Smuggling, False Claim

Tarik H. Sultan writes: "Applicant, married to U.S. citizen husband with U.S. citizen children, filed adjustment with INA § 212(i) waiver to address pre-1996 false claim to citizenship. USCIS denied adjustment, finding her inadmissible for alien smuggling because her underage brother had also...

AAO 212(e) (J Waiver Hardship) Victory by Hake & Schmitt

Brian Schmitt writes: "For about a 9-10 month period, the USCIS CSC was very hostile towards I-612 hardship and persecution cases. We received an RFE on almost every case we filed. We overcame just about all of the RFEs except for the one we received in the instant case. We haven't received...

BIA on Sec. 216 Hardship Clock: Matter of Munroe

Official Headnote: For purposes of establishing an alien’s eligibility for a waiver under section 216(c)(4)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1186a(c)(4)(A) (2012), the relevant period for determining whether an alien’s removal would result in extreme hardship is...

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!

Neighborly or Trespassing? Equitable Easement and Portable Patio Furniture

By Ronald L. Richman A landowner who uses a portion of his neighbor's property without permission is a trespasser. An exception to this general rule occurs when the trespasser's use of his neighbor's property meets the legal requirements of a prescriptive easement, or the legal right...

Bruce Hake Comments on USCIS Policy Manual 'Extreme Hardship' Draft

Renowned J-1 and hardship expert Bruce Hake emailed this comment to USCIS on Nov. 19, 2015. Excerpt: "There is a legal error in footnote 1 to the draft USCIS Policy Manual: Vol. 9, Part B: Extreme Hardship (draft). Every year this error could harm hundreds of J-1 nonimmigrants and their U.S....

AAO 212(h) Hardship Waiver Victory: Matter of D-M-V-, ID# 15302

Matter of D-M-V-, ID# 15302 (AAO Jan. 28, 2016) - "The Applicant was found to be inadmissible to the United States pursuant to section 212(a)(2)(A)(i)(I) of the Act, 8 U.S.C. § 1182(a)(2)(A)(i)(I), for having been convicted of crimes involving moral turpitude. He filed a Form 1-601, Application...