The client is originally from Mexico. He entered the US in 1994 without inspection and has lived in California since that time. He was not eligible for adjustment of status under INA 245i; however, he is married to his US citizen wife and has one US citizen daughter (11 years old) and another daughter on the way. His wife was born in the United States and her whole family lives here including parents, aunts, uncles, siblings, nieces, and nephews among others. We included substantial documentation showing the family ties for the wife in the US.
Part of the husband's family is located in the US as well. In Matter of O-J-O, the BIA considered "not only the length of residence, but also the degree of integration into American society and the strength of the attachments to friends and community." We were sure to include evidence of our client's ties to the community.
We included detailed information about the couple's courtship, which began in 2002, and their marriage, which took place in 2009. We provided a lot of documentation regarding the economic situation in Mexico along with the kidnapping and drug trafficking epidemic. The packet included well over 300 pages of evidence.
The next step will be the consular processing of the visa in Ciudad Juarez. The client is excited and looks forward to finalizing the immigration process so he can live in the US with his wife and daughters.
If you are considering the I-601A waiver process, contact Nelson & Nuñez to schedule a confidential consultation. Attorneys John Nelson and Jay Nuñez will personally meet with you to assess your case and determine if you are eligible for an I-601A waiver.