Case Status Update, UPDATE: BIA Remands I-130 For New Decision; Immigrant Visa Approved after I-601A Waiver
Client Re-Enters US as a Permanent Resident after Approval of Unlawful Presence Waiver and Immigrant Visa Interview Abroad - We are so happy to announce a case status update UPDATE for a client, (hereinafter, client “X”), a native and citizen of Ecuador, who recently reentered the U.S. as a Permanent Resident after initially entering the country without inspection (EWI) and remaining here unlawfully for over a decade.
X has been married to a naturalized U.S. Citizen for almost as long as she was in the country and the pair of 4 U.S. Citizen children together. X’s husband filed an I-130 petition for his wife, that was easily approved, but X was unable to adjust her status in the U.S. because of her illegal entry. She thus had to apply for a I-601A Unlawful Presence Waiver based on the Extreme Hardship to her U.S. Citizen Spouse.
X appeared to have a strong waiver case since she suffered from a serious brain aneryeiusm, but the catch is that the extreme hardship has to be to the U.S. Citizen relative, NOT to the immigrant. So, we had to show how the separation of X’s husband from her, in light of the fact of her serious medical conditions, was psychologically devastating to her husband and her children, amongst under factors.
After a tense waiting period, the Waiver was approved but the work was not done! Fortunately, the I-601A Waiver only requires the immigrant to be out of the country for a few weeks (as opposed to an I-601 Waiver of Inadmissibility, which cannot be filed until the Applicant leaves the country, and then he or she has to wait outside the U.S. while the application is adjudicated, which can take over a year and there is no guarantee that it will be approved), but there is never a guarantee that the immigrant will pass the interview and be allowed to re-enter.
X passed her interview with flying colors and is back in the U.S. legally for the first time in her life! We wish her and her family the very best and look forward to filing for her citizenship in a few years!
Board of Immigration Appeals (BIA) Remands I-130 Immigrant Visa Petition to USCIS for New Decision After Successful Appeal of Denial - We have another case status update UPDATE to report on, for a client, (hereinafter, client “Y”), a native and citizen of The Gambia. Y's U.S. Citizen Husband filed a Marriage Petition for Y that was denied. Y and her husband came to us after the denial, but within the time period to appeal. Y and her husband did not use an attorney initially to file or to attend the interview with them and it was clear from the denial that it should have been approved considering the denial cited "discrepancies" in interview answers that did not meet the definition of a "discrepancy" and failed to consider much of the submitted bona fide marriage evidence.
We submitted the appeal and the Department of Homeland Security (DHS) filed a motion to remand the decision back to USCIS to re-consider the denial. The BIA agreed with us and with DHS that a remand was proper and now the case is back with USCIS and a new decision, aka an approval should be rendered shortly. As always, until we receive the physical approval notice, our fingers remain crossed!
Check back next week for more Case Status Updates from the last month!
**If you need help obtaining humanitarian parole for yourself or someone who is currently outside the United States, contact an experienced immigration attorney at The Shapiro Law Firm today to get started!**
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