AAO Sustained I-601 Appeal
Jan 09, 2013OUTCOME: AAO found a favorable exercise of discretion was warranted to grant the I-601 waiver.
The applicant had an approved I-130 petition from his US citizen spouse, but was prohibited from adjusting his status because the USCIS District Director denied the I-601 waiver he filed for misreprese ... ntation on an immigrant visa. USCIS concluded that the applicant failed to establish that extreme hardship would be imposed on a qualifying relative. On appeal to the Administrative Appeals Office (AAO), I argued that the USCIS failed to consider the hardship that the applicant's lawful permanent resident mother would suffer in addition to his US citizen wife. The AAO found that in the aggregate the applicant's permanent resident mother would suffer extreme hardship if separated from the applicant. The AAO found that the positive factors outweighed the negative factors.
