At the time I advised him that we could pursue the I-601 process if we could prove that it would cause his US citizen wife “extreme hardship” if he were not allowed to live in the US. When they were finally ready to start the process, the new I-601A waiver had become available. We filed the I-130 visa petition for him and it was approved. Then, we filed the I-601A unlawful presence waiver with USCIS. In our waiver packet, we argued that his wife, who has had medical problems for many years, would not be able to care for their children without him. She would not be able to care for herself without him. We provided substantial evidence. The I-601A was approved by USCIS.
Then, we proceeded to file for the immigrant visa through the Department of State. Our client went to Ciudad Juarez to process the immigrant visa and he returned to the US within a week. Everything went smoothly at the consulate and he re-entered the US at El Paso, Texas today. He will fly back to Idaho later today.
If you are in the US illegally and are married to a US citizen of lawful permanent resident, contact Nelson & Nuñez to see if we can help. Nelson & Nuñez will personally meet with you and help you better understand your options.
Categories: ciudad juarez, El Paso, EWI, extreme hardship, i-601, I-601A, Idaho, immigration lawyer, marriage-based, Orange County, permanent resident, USCIS, waiver