One of our longstanding clients was recently approved for an immigrant visa based on her marriage to her US citizen husband. She entered the United States illegally many years ago. She married her husband four years ago. When she hired us, we originally planned to file an I-601 extreme hardship waiver case; however, while we were preparing the case, President Obama created the new I-601A provisional waiver process.
The case was approved without a request for evidence. This was one of our strongest I-601A cases - the husband has a chronic health problem that affects his nervous system and will require constant medical attention for the rest of his life. He has children from a previous marriage as well. USCIS was easily convinced that he would experience extreme hardship if his wife is not permitted to live in the United States permanently.
From my experience (and talking to many of my colleagues) USCIS has taken a very narrow interpretation regarding what constitutes "extreme hardship," but I never had a doubt that we would get this case approved. After the I-601A was approved, our client returned to Colombia with her husband to attend the consular interview. Everything went smoothly and she received her immigrant visa about a week later.
If you are considering the I-601A process, contact Nelson & Nuñez, P.C. to discuss your situation. Nelson & Nuñez, P.C. will personally meet with you during a confidential consultation to help you better understand the requirements, timeline and chances for success.
The case was approved without a request for evidence. This was one of our strongest I-601A cases - the husband has a chronic health problem that affects his nervous system and will require constant medical attention for the rest of his life. He has children from a previous marriage as well. USCIS was easily convinced that he would experience extreme hardship if his wife is not permitted to live in the United States permanently.
From my experience (and talking to many of my colleagues) USCIS has taken a very narrow interpretation regarding what constitutes "extreme hardship," but I never had a doubt that we would get this case approved. After the I-601A was approved, our client returned to Colombia with her husband to attend the consular interview. Everything went smoothly and she received her immigrant visa about a week later.
If you are considering the I-601A process, contact Nelson & Nuñez, P.C. to discuss your situation. Nelson & Nuñez, P.C. will personally meet with you during a confidential consultation to help you better understand the requirements, timeline and chances for success.
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