The Law Offices of Nicklaus Misiti recently won a huge victory for their client. The client was a Mexican National whom married a US citizen. The couple had a child whom suffered severe complications at birth and the family could not move to Mexico because only US health care could guarantee the child’s successful recovery. The client’s US citizen spouse filed a petition for his green card but it was denied and he was deemed inadmissible due to a previous marijuana conviction.
The couple came to our offices distraught worried that their family would have to separate and live in different countries. Our attorneys did an intake evaluation and after researching their case it was determined that an I-601 waiver of inadmissibility would be appropriate in their case.
An I-601 waiver will waive various inadmissibility issues if it can be shown that a denial of the application will result in extreme hardship for a qualifying US citizen. Here, the qualifying relative was the US citizen spouse and child.
Our firm diligently collected the criminal records of the client and the medical records of the child. They showed that the US citizen spouse was not making enough income to support the family and that the father’s contribution was required.
In the end USCIS agreed with us, in that the previous conviction was so minor and the hardship so great that it was in everyone’s interest to approve the petition.
It should also be noted that a new policy goes into effect March, 2013 which will allow individuals who qualify for an I-601 waiver to complete the majority of their waiver process without the need to leave the US.