I601 Legal Research Links

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*again suspension of deportation case, in and I601 case a qualifying relative must exist. Purely instructional on the requirement to establish Extreme Hardship

RE: O-J-O

Case discussing extreme hardship standard

http://www.justice.gov/eoir/vll/intdec/vol21/3280.pdf

III. CRITERIA FOR EXTREME HARDSHIP

Under section 244(a) of the Act the respondent must demonstrate that his

deportation “would result in extreme hardship to [himself] or to his spouse,

parent, or child, who is a citizen of the United States or an alien lawfully

admitted for permanent residence.” Since the respondent in this case has no

382

Interim Decision #3280

qualifying relative who is a citizen or a permanent resident of the United

States, he must demonstrate extreme hardship to himself.

Matter of Anderson, supra, has been the starting point for many years in

applying the extreme hardship requirement. Anderson involved a

55-year-old native of the Dominican Republic who had overstayed his

nonimmigrant visa and resided in the United States for 8 years by the time of

his deportation hearing. He claimed that the impoverished economy in his

country of origin should be dispositive as to extreme hardship. The Board

rejected such a broad approach to extreme hardship, holding that “it is only

when other factors such as advanced age, severe illness, family ties, etc. combine

with economic detriment to make deportation extremely hard on the

alien or the citizen or permanent resident members of his family that Congress

has authorized suspension of the deportation order.” Id. at 598.

In assessing hardship in Anderson, the Board found guidance concerning

“other adverse factors” in a House Judiciary Committee report on the issue of

“extreme hardship” in the context of a bill providing discretionary adjustment

of status for certain aliens. Matter of Anderson, supra, at 597. This

report included the following factors:

1. family ties in the United States and abroad;

2. length of residence in the United States;

3. condition of health;

4. conditions in the country to which the alien is returnable—economic and political;

5. financial status—business and occupation;

6. the possibility of other means of adjustment of status;

7. special assistance to the United States or community;

8. immigration history;

9. position in the community.

This list was not meant to preclude consideration of aspects of hardship

which do not fit squarely within one of these nine factors.

Although these factors provide a framework for analysis, the “elements

required to establish extreme hardship are dependent upon the facts and circumstances

peculiar to each case.” Matter of Ige, 20 I&N Dec. 880, 882 (BIA

1994). “Relevant factors, though not extreme in themselves, must be considered

in the aggregate in determining whether extreme hardship exists.” Id. In

each case, the trier of fact must consider the entire range of factors concerning

hardship in their totality and determine whether the combination of hardships

takes the case beyond those hardships ordinarily associated with

deportation, e.g., economic detriment due to loss of a job or efforts ordinarily

required in relocating or adjusting to life in the native country. Such ordinary

hardships, while not alone sufficient to constitute extreme hardship, are considered

in the assessment of aggregate hardship.

383

Interim Decision #

Edited March 30, 2011 by brokenfamily

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AAO Extreme Hardship Victory

Courtesy of BIBDE: "When considering the applicant's spouse's extensive family ties to the United States, the abandonment of her permanent resident status, her son's disability, and the common hardships associated with relocation, the AAO finds that she would experience extreme hardship upon relocation to Mexico. ... Considering the totality of the hardship factors presented, the AAO finds that the applicant's spouse would suffer extreme hardship if she remained in the United States. ... The appeal is sustained." Matter of X-, Mar. 15, 2011.

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http://shusterman.com/newsletterusimmigrationapril2011.html#5

They say the road to hell is paved with good intentions. I find that the path to permanent residence is sometimes paved with good intentions as well, and for many, the process can feel like hell. Take the story of Angela and Gabriel (not their actual names), for example.

Angela entered the United States for the first time in 1998 on a six-month, B-2 visitor’s visa, commonly called a tourist visa. When the expiration of the visa drew close, Angela filed an extension. She never heard back from the USCIS. Her mother had filed an Investor petition (E-2 Visa) at the same time and was approved. Angela assumed her extension would not be a problem. She remained in the U.S. until her family decided to return to their home country the following year.

What Angela didn’t know was that her visa was not extended. Her mother was well aware of the denial and the fact that her daughter had overstayed her visa. Having little knowledge of the immigration system, her mother reached out to her contacts and had Angela’s passport imprinted with a back-dated stamp so that the date reflected would be before the expiration of her visa. Angela’s mother thought this would make it look as though she left the country on time and did not accrue unlawful presence in the United States. What Angela’s mother did not realize was that despite her good intentions, she now placed her daughter in a difficult situation should she ever decide to return to the United States.

In 2003, Angela decided to take a short trip to the U.S. for her cousin’s wedding. Upon arrival in the United States, Angela was detained by CBP officials who had noticed the discrepancy between her actual return date and the stamp on her passport; she was questioned, and was finally released after agreeing to return to her home country. They also informed her that she was barred from entering the country for five years.

The encounter proved a traumatic one for Angela and she didn’t plan on ever returning to the United States. That is, until she met Gabriel through a mutual friend. The two developed their relationship through telephonic and e-mail exchanges. Gabriel flew out to visit her a few times and eventually asked for her hand in marriage. Angela was hesitant to accept Gabriel’s proposal because, in her mind, she was subject to a 5-year bar from entering the U.S. and would not be able to join her husband in the country for some time. Despite this concern, the two married later that year. When Angela attempted to obtain a green card to join her husband in the U.S., the U.S. embassy informed her that things were much worse than she had originally thought. Angela was subject to a permanent bar and deemed inadmissible to enter the United States because of the alleged fraud that took place with her passport.

http://shusterman.com/newsletterusimmigrationapril2011.html#5

Gabriel came to my office in the fall of 2009 seeking help in being reunited with Angela. From the information I gathered during our initial consultation, I could see that the couple’s separation proved a hardship to Gabriel and could be grounds for our firm to pursue an I-601 waiver for Angela. I turned the case over to Attorney Raj Iyer. Raj found that Gabriel was a 22-year Air Force veteran and had a number of health issues that were being treated by U.S. doctors. He also had family ties in the U.S. If forced to live in the foreign country to be with his wife, those ties would be broken and would cause additional emotional and psychological strain. All this, in combination with the fact that there would be financial hardship in having to give up his U.S. income qualified as an “extreme hardship” to a U.S. citizen, making an I-601 fraud waiver for his wife a viable option.

Attorney Iyer obtained vital information and statements from all parties involved including Angela’s mother, Gabriel and his family, and the expert opinions of doctors and others involved with Gabriel, as well as a number of publications illustrating the situation Gabriel would face if forced to relocate to the home country, especially unavailability of jobs due to age discrimination. Attorney Iyer would have to provide enough evidence to convince the USCIS that the lifetime bar Angela was subject to would in turn subject a U.S. Citizen to extreme hardship.

In early February, our office received an approval notice for Angela’s I-601 waiver application. The USCIS recognized that barring Angela from the country would definitely prove to be a hardship to her new husband. The couple and our firm were elated to know that they would soon be reunited

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Thank you for this thread brokenfamily

[Sergi9 110]

AAO Victory Hardhsip

[Nattychic 1]

That's a great victory!! I hope my lawyer put together a good package, my husband isn't sick , but he's tight financially that s our only argument:(

[Mintchip 0]

What happens after the waiver application is adjudicated? Or, where can I find that information? We are in the "pending" category in the London Embassy at the moment. Thanks.

[Mrs. TommyG 0]

My husband is a US citizen, he lives in Las Vegas. I was deported in January of 2011 after having spent 11+ years in the United States. I came on a tourist visa in September of 1999 and stayed. I got married in January of 2008. We filed the I-130 but somehow they lost our paperwork, then later after i wrote to ICE last summer they sent papers to my husband saying we had an interview scheduled - while i was in jail in removal proceedings - and we never received any of the documentation they claim to have sent us! In response to my letter Executive Secretary for Mr. John Morton, Director of ICE, sent me the I-601 form. Can my husband file it? The US embassy here in Baku, Azerbaijan does not process immigrant visas. Please advise me what to do in order to facilitate speedy reunion with my American family. My son will be 6 years old in May, and he needs his mother. Thank you so much for your help.

[Mrs. TommyG 0]

Interesting article on Hardship Standards in different waiver contexts

http://www.ilw.com/articles/2007,0906-hake.shtm

OK now i'm REALLY confused. I am banned for 10 years for overstaying my tourist visa. My husband of 4+ years and 5-year-old son are both US citizen. Which waiver do i need, i-212, i-601, or i-612???

[Mrs.A2010 4]

USCIS Procedures for adjudicating I601

This is the "manual" that USCIS uses to process the I601

Link doesn't work.

[josi 0]

How long its take for a visa after the waiver l601 been approved?

[KennethBrewerr 0]

Attorney for i601 Waiver

Edited November 2, 2013 by KennethBrewerr

[sidp69 1]

Hi VJers,

Please help me as i am looking for a trustworthy and experienced lawyer for i-601 waiver submission.

I have tried researching online but it is still confusing as they as seem the same online, please help.

Thank you all for your support.

Good luck and god bless everyone on this journey.

[Jawaree 717]

Would be great if some of this old info would be updated I the same context for 2014

lots of the procedures have changed

[Pinay1 1]

Hello everyone, i had my interview in us embassy manila last sep 2014 for IR5 & received a refusal letter 212(a)(2)(A)(i) & i dont know what to do next, can anyone help me what to do?