I-601 Waiver Approved after Receiving Voluntary Departure Order-212(a)(9)(B)(v)-Unlawful Presence

Law Offices of Sabrina Li recently received an approval for I-601 waiver application. The applicant was found inadmissible for overstaying his L2 status. He is the son of a United States citizen, and he entered the United States with a valid L-2 visa when he was only 12 years old. He lived in United States and never left until years later. 

The client was placed in removal proceedings for his criminal record; with our assistance, he was granted voluntary departure and returned to his home country to reapply for an immigrant visa. However, his visa application was denied since he overstayed his status for many years. Since the applicant’s mother is a U.S. citizen, he is eligible to apply for an I-601 waiver.

As provided by the regulations, for an inadmissibility waiver, the applicant must demonstrate that a U.S. citizen or permanent resident spouse or parent would suffer “extreme hardship” if the waiver were denied. Factors that may be relevant in establishing extreme hardship include: emotional and psychological trauma suffered from separation, loss of employment or educational opportunities, access to medical care, and other severe changes in the life of the qualifying family member resulting from the separation, as well as conditions in the country to which the relative may have to move because of the inability to remain in the U.S. without the applicant. 

We also must discuss client’s multiple convictions in this particular case. The discretionary determination is the final step in the adjudication of a waiver application for a USCIS officer. The applicant’s criminal history and moral character are crucial in the Discretionary Analysis.

We prepared and submitted comprehensive and robust evidence to support this waiver application. Attached to the application was overwhelming evidence of extreme financial, medical, mental, and psychological hardship that the applicant’s mother and other U.S. citizen relatives would experience without the waiver granted. Moreover, we also emphasized in our brief length of time that passed since the applicant’s conviction as well as the significant steps that the applicant had taken since the conviction towards rehabilitation. Eventually, the applicant’s I-601 waiver was approved. 

​If you, or somebody you know, find yourselves in a similar situation, and you need immediate assistance, our offices are here to help.