of course Extreme Hardship was there

Neil F. Lewis

Case Conclusion Date:August 9, 2013

Practice Area:Immigration

Outcome:Waiver granted, LPR granted

Description:my clients came to me before they filed. They presumed there would be some difficulty with the application. The immigrant had previously lied to immigration, and the couple had what Immigration would generously call a non-traditional relationship. They seemed to genuinely love each other and were working for joint benefit, but the immigrant lived in the US taking care of the 16-year-old son of the US citizen while the US citizen spent most of her time abroad working for the US, or in the employ of companies working for the US. They were right. Because they had not spent a lot of time together, immigration was suspicious of the relationship. They still approved the I-130, and said the marriage was real. But because of the previous fraud committed by the immigrant, CIS requested a waiver. We showed extreme hardship based on medical conditions of the US citizen and the fact that she can only pursue her high-paying job because the immigrant was available to stay home with her 16-year-old son. CIS rejected the waiver. It was another case where we had to go to court for justice. I am pleased to say the court hearing took less than 10 min. The evidence establish clearly medical conditions required finding of extreme hardship in the case. The immigration judge, to his credit, asked the US citizen one question: "Are these your medical records?" When that question was answered affirmatively, the extreme hardship waiver was granted.

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