On June 16, 2010 our client received her green card after the I-601 Waiver and adjustment of status was approved by the USCIS. An extremely challenging case hence has reached to a perfect ending.
Our client in this case was from a Latin American country. She was married to a US citizen and she previously filed an adjustment of status application based on the marriage through an another attorney. Nevertheless, at the time of interview, it was found that she was in the US before and overstayed here last time. The USCIS hence believed that she misrepresented to the US consulate when she applied to reenter the US. Accordingly, the case was denied and for her to be able to get the adjustment of status, an I-601 Waiver application has to be filed.
Unfortunately, our client’s previous attorney did not have experience with I-601 at all. He only asked our client to write a letter to tell the USCIS how much she and her husband loves each other, and tell them how much painful it would be if they had to be separated. The case was denied and our client came to us for help.
For the I-601 wavier, the petitioner has to show that the removal of her would cause hardship to the US citizen spouse. Upon talking with out client, we learnt that her mother-in-law had great health problem, and was not long ago released from the emergency care. Also, she was the only person who accompanied the mother-in-law during the day. Hence, we prepared a comprehensive package, including affidavit from both parents-in-law, and all the related medical record. The affidavit of the husband certainly also was submitted. Attorney Stewart Lin also accompanied the couple to the interview. The interview officer was convinced by the evidence and testimony submitted. The case was approved. Our client’s ecstasy was beyond description.