News Update - September 20, 2013
I-601 Hardship Waiver Win (Unpublished) at Administrative Appeals Office (AAO) of U.S.C.I.S. as published in the Epoch Times, Interpreter Releases, Immigration Daily and Bender's Immigration Bulletin
Attached is a decision that we just received from the AAO sustaining our I-601 appeal of an INA §212(i) denial for a Chinese national entering the U. S. with a photo substituted Taiwanese passport who was placed in proceedings before the immigration court and remained in the country following an in absentia exclusion order. The waiver application was based upon the applicant showing that her removal would cause extreme hardship to the qualifying relative in the U. S. with status. Our client is applying for adjustment of status to permanent residence as the spouse of a U. S. citizen who is also the qualifying relative for establishing extreme hardship. In order to qualify for adjustment of status, she was required to show that she had been inspected and admitted or paroled, and she used the fact that she entered with the photo substituted passport to show that she had been inspected. But having admitted that she used a fraudulent passport, she also required a waiver of the fraud to continue to show eligibility for adjustment of status to permanent residence in the States.