Even though our client was married to a US citizen, he was ineligible to adjust his status to permanent resident because of his illegal entry into the country. When the couple came to us, we advised that his best route was through an I-601A extreme hardship waiver. We explained that in order to get approved for the I-601A waiver, we must show that it would cause the US citizen spouse extreme hardship if his Filipino husband is not permitted to live in the United States with him.
The US citizen spouse has lived his entire life in the United States. He has three children from a previous marriage that lasted 18 years. We showed that he had a strong relationship with his children. We also showed that he relied on his spouse for emotional support because he previously had problems with drugs and his spouse helped him stay clean. We pointed to his impressive resume and career as an attorney and public figure and his extensive ties in Orange County.
We showed that the alien spouse had extensive family ties in the United States as well. He had a strong record of employment as a nurse and had no prior problems with immigration or law enforcement. He was and is an upstanding member of the community.
USCIS agreed and approved the I-601A waiver. The next step will be to consular process the case and have our client travel back to Manila to attend the consular interview and have his medical exam taken.
If you are married to a US citizen or lawful permanent resident, contact Nelson & Nunez to schedule a consultation. We can help you better understand your situation and what options are available to fix your immigration status. We have helped many gay and lesbian couples solve their immigration situations over the last few years since the Windsor Supreme Court Decision.