U.S. Citizen Reunited with Foreign Spouse – Hardship Waiver Avoided

We were approached by the Client when her family (U.S. Citizen sponsoring Spouse) based petition for an Immigrant Visa was denied by the Consulate and the Applicant found inadmissible pursuant to INA § 212(a)(2)(A)(I) – “a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime.)”

The Consulate provided the Applicant with the following option:

“Obtain a waiver (commonly referred to as a Hardship Waiver on Form I-601) under Section 212 of the Immigration and Nationality Act, as amended.”

Approval requires finding that the refusal of admission to the United States of such an immigrant alien would result in extreme hardship to a qualifying relative of the applicant. The qualifying relative may be a US Citizen or Lawful Permanent Resident spouse, parent, child, son, or daughter or US Fiancée. A waiver of this nature is extremely rare and hard to come by.

Upon careful review, we found the Denial did not contain any details as to how the determination was reached. We are also unable to determine the exact reason for the Denial and/or the process of providing the Consulate with additional evidence in the matter. A little research and review of the Client’s file and the Police Report provided to the NVC showed, at best, the individual had committed offenses covered under the “Road Traffic Act” of his country. These offenses were settled by paying fines not exceeding the equivalent of U.S. 400 (petty offense/misdemeanor).

We therefore worked closely with Counsel in the Applicant’s home country to obtain sufficient evidence of the nature of the offense and additional affidavits from friends, family and community leaders to support re consideration of the Consular decision. We then approached the Department of State to intercede and assist in the matter. After nearly 6 months of anxious back and forth, the foreign spouse was granted an immigrant visa to enter the U.S. as a permanent resident.

The email and subsequent review from the Client speak for themselves.

2018-02-28T15:56:38+00:00Dec 12, 2012|