Hardship Waivers and Permanent Residence: Successful Cases of Inadmissibility Overcome

At the Law Office of Alexander R. Vail, we are proud of our track record of helping clients successfully navigate the complexities of U.S. immigration law. One of the most challenging hurdles many applicants face is inadmissibility due to previous immigration violations.

Through a hardship waiver or Section 212(i) waiver, we have helped individuals like N.A., J.S.G., and others secure permanent residence despite these challenges. In the cases below, our clients were initially found inadmissible for reasons ranging from misrepresentation to overstaying visas. However, with our comprehensive legal assistance, we filed successful waiver applications, proving that denial would result in extreme hardship to their U.S. citizen spouses. As a result, these individuals were granted permanent residence and are now living their lives without the fear of separation from their families.

Waiver Approved and Permanent Residence Status Granted

SECTION 212(i) WAIVER APPROVED & PERMANENT RESIDENCE GRANTED Matter of N.A. (2024)

N.A. is a native and citizen of Pakistan who had applied for adjustment of status pursuant to an employment-based visa petition. In the course of the interview, the immigration officer accused N.A. of having committed fraud in connection with a previous visa application that he submitted decades before. On the basis of the officer’s finding, U.S. Citizenship and Immigration Services (“USCIS”) issued a Notice of Intent to Deny (“NOID”), giving N.A. only thirty days to submit an Application for Waiver of Grounds of Inadmissibility (“Form I-601”). Alarmed at receiving the NOID and concerned about how little time he had to respond, N.A. consulted with Alex. Alex explained that the Form I-601 would be used to apply for what is known as a section 212(i) waiver. But obtaining the waiver is about much more than just submitting a form. Alex went over the type of evidence that N.A. would want to secure in order to establish that his spouse, a lawful permanent resident, would suffer extreme hardship in the event N.A. is denied the waiver. Together, N.A. and Alex prepared a comprehensive filing in less than two weeks. USCIS found that the filing was enough to meet N.A.’s evidentiary burden under section 212(i) of the Immigration and Nationality Act and to establish that N.A. merited the waiver in the exercise of discretion. USCIS approved both the waiver and N.A.’s underlying adjustment application. N.A. is now lawful permanent resident of the United States.

WAIVER OF INADMISSIBILITY APPROVED & LAWFUL PERMANENT RESIDENCE STATUS GRANTED Matter of J.S.G. (2023)

J.S.G., a native and citizen of Mexico, had entered the United States with a tourist visa but ended up overstaying for reasons beyond her control. While residing in the United States, she met and married a United States citizen. J.S.G. and her spouse consulted with Alex because they were concerned that J.S.G.’s previous immigration history might be problematic. Having misrepresented an important fact during her interview (many years before) for her tourist visa, J.S.G. wanted to know whether it was in her best interest to be honest and disclose everything to U.S. Citizenship and Immigration Services (“USCIS”) when applying for adjustment of status. Alex explained that honesty was the best course of action, and he explained that being honest did not necessarily doom her case. While the misrepresentation was certainly enough to trigger inadmissibility under section 212(a)(6)(C)(i) of the Immigration and Nationality Act, there was a wavier under section 212(i) that J.S.G. could pursue concurrent with her adjustment application. To obtain this waiver, J.S.G. had the burden of establishing that denial of admission to the United States would result in extreme hardship to her spouse.

Accordingly, Alex helped J.S.G. and her husband develop their case so that they could satisfy the many elements that applied in order to obtain both a favorable decision on the waiver application and the adjustment application. USCIS found the record was sufficient to meet J.S.G.’s burden of proof and subsequently approved her waiver application, which, in turn, cleared the path for approval of her adjustment application. J.S.G. is now a lawful permanent resident of the United States.

WAIVER APPROVED & LAWFUL PERMANENT RESIDENCE STATUS GRANTED Matter of A.G.F. (2023)

A.G.F., a native and citizen of Mexico, entered the United States without inspection at a young age. She and her husband consulted with Alex to see what could be done to secure permanent residence for A.G.F. Because she had not been “inspected and admitted or paroled” as required under section 245(a) of the Immigration and Nationality Act, A.G.F. had to complete consular processing if she wanted to obtain permanent residence. But because she had lived in the United States for more than one year without status after she turned eighteen years of age, she would be inadmissible under section 212(a)(9)(B)(i) of the Immigration and Nationality Act the moment she departed the United States to attend her consular interview abroad. Alex explained the entire process to A.G.F. and her husband in great detail, and, thereafter, they felt confident enough to see the process through to the end.Alex helped them prove the bona fides of their marriage, which was relevant to the adjudication of the Petition for Alien Relative (“Form I-130”); he made the case for why A.G.F.’s husband would suffer “extreme hardship” if A.G.F. were denied admission, which was key to ensuring the approval of the Application for Provisional Unlawful Presence Waiver (“Form I-601A”); he helped guide them through the U.S. State Department National Visa Center processing; and he made sure A.G.F. was well prepared for her interview. Immediately upon conclusion of her consular interview at the U.S. Consulate General in Ciudad Juarez, A.G.F. was approved and issued an immigrant visa. A.G.F. now resides with her family here in the United States as a lawful permanent resident.

WAIVER APPROVED & LAWFUL PERMANENT RESIDENCE STATUS GRANTED Matter of F.A. (2022)

F.A., a native and citizen of Mexico, was brought to the United States illegally as a child and thus knew the United States as his only home. Married to a United States citizen, he and his wife consulted with Alex to see what could be done to secure permanent residence for him. Because he had not been “inspected and admitted or paroled” as required under section 245(a) of the Immigration and Nationality Act in order to adjust status, F.A. had to complete consular processing if he wanted to obtain permanent residence. Because he had accrued more than one year of unlawful presence after turning eighteen years of age, he would, however, be inadmissible under section 212(a)(9)(B)(i) of the Immigration and Nationality Act the moment he departed the United States to attend his consular interview abroad. Moreover, he had been convicted of driving under the influence (“DUI”) in violation of Nevada law and had concerns that this would preclude him from obtaining permanent residence. Alex explained the whole process to F.A. and his wife in great detail and alleviated F.A.’s concerns regarding the DUI conviction by explaining that it would not trigger any of the grounds of inadmissibility set out in section 212(a) of the Immigration and Nationality Act.

Inspired by Alex’s confidence and expertise, F.A. and his wife trusted Alex to help them all the way through to the end. Alex helped them prove the bona fides of their marriage, which was relevant to the adjudication of the Petition for Alien Relative (“Form I-130”); he made the case for why F.A.’s wife would suffer “extreme hardship” if F.A. were denied admission, which was key to ensuring the approval of the Application for Provisional Unlawful Presence Waiver (“Form I-601A”); he helped guide them through the U.S. State Department National Visa Center processing; and he made sure F.A. was prepared for his interview. Immediately upon conclusion of his consular interview at the U.S. Consulate General in Ciudad Juarez, F.A. was approved and issued an immigrant visa. F.A. now resides with his family here in the United States as a lawful permanent resident.

WAIVER APPROVED & LAWFUL PERMANENT RESIDENCE STATUS GRANTED Matter of T.G.S. (2022)

T.G.S., a native and citizen of Mexico, entered the United States illegally as a teenager. Decades later, she has understandably come to see the United States as home. Married to a United States citizen, she and her husband consulted with Alex to see what could be done to secure permanent residence for T.G.S. Because she had not been “inspected and admitted or paroled,” T.G.S. was not eligible to adjust her status inside the United States. She therefore would have to complete consular processing. Moreover, because she had accrued more than one year of unlawful presence after turning eighteen years of age, she would be inadmissible under section 212(a)(9)(B)(i) of the Immigration and Nationality Act the moment she departed the United States to attend her consular interview abroad. Having explained the whole process to them in great detail, they confided in Alex to help them all the way through to the end. Alex helped them prove the bona fides of their marriage, which allowed the agency to approve the Petition for Alien Relative (“Form I-130”) in short order; he made the case for why T.G.S.’s husband would suffer “extreme hardship” if T.G.S. were denied admission, which helped ensure the Application for Provisional Unlawful Presence Waiver (“Form I-601A”) would be approved; he helped guide them through the U.S. State Department National Visa Center processing; and made sure T.G.S. was well prepared for her interview. T.G.S. was ultimately issued an immigrant visa after attending her consular interview at the U.S. Consulate General in Ciudad Juarez, and she now resides with her family here in the United States as a lawful permanent resident.

HARDSHIP WAIVER APPROVED AND IMMIGRANT VISA ISSUED Matter of M.Y.M. (2020)

M.Y.M. is a native and citizen of the Philippines who sought permanent residence on the basis of his marriage to a United States citizen. Because he was ineligible for adjustment of status, he had to complete consular processing. Prior to departing for his interview at the U.S. Embassy in Manila, he had applied for a provisional hardship waiver to cure his inadmissibility under section 212(a)(9)(B)(i)(II) of the Immigration and Nationality Act. U.S. Citizenship and Immigration Services (“USCIS”) approved the waiver. Believing the hardest part of his journey was over, M.Y.M. left the United States to attend his interview where he was devastated to learn that he was found inadmissible under section 212(a)(6)(C)(i) of the Immigration and Nationality Act, which led to automatic revocation of the provisional waiver that had been previously approved. M.Y.M’s spouse, no less distraught after hearing this news, immediately sought Alex’s aid.  On M.Y.M’s behalf, Alex prepared an Application for Waiver of Grounds of Inadmissibility (“Form I-601”) and explained in a detailed memorandum of law why the denial of a waiver of inadmissibility would result in extreme hardship to M.Y.M’s United States citizen spouse. Satisfied with the evidence presented and the arguments made on his behalf, USCIS granted M.YM.’s Form I-601 and the U.S. Embassy in Manila subsequently issued M.Y.M an immigrant visa. M.Y.M. is now a lawful permanent resident of the United States. 

HARDSHIP WAIVER APPROVED AND LAWFUL PERMANENT RESIDENCE GRANTED Matter of H.L. (2020)

H.L. is a native and citizen of Vietnam who had been found inadmissible under section 212(a)(6)(C)(i) of the Immigration and Nationality Act because of a misunderstanding that had been construed as a “material misrepresentation” by U.S. Citizenship and Immigration Services (“USCIS”). After being informed that she could file an Application for Waiver of Grounds of Inadmissibility (“Form I-601”), she sought Alex’s help. Alex prepared the filing and explained in a detailed memorandum of law why the denial of a waiver of inadmissibility would result in extreme hardship to her United States citizen spouse. Satisfied with the evidence presented and the arguments made on her behalf, USCIS granted H.L.’s Form I-601 and subsequently granted her adjustment of status application.

HARDSHIP WAIVER APPROVED AND LAWFUL PERMANENT RESIDENCE GRANTED Matter of N.O.C. (2019)

N.O.C. is a native and citizen of Mexico who last entered the United States with a B2 tourist visa over a decade ago. On the basis of her marriage to a United States citizen, N.O.C. sought to adjust her status to that of a lawful permanent resident. However, after her initial interview, she was found inadmissible under section 212(a)(9)(B)(i)(II) of the Immigration and Nationality Act by virtue of the fact that she had previously entered the United States with her B2 visa, overstayed beyond the period of authorized stay, and had then reentered the United States again as a tourist before she had spent 10 years outside of the country. On her behalf, Alex prepared an Application for Waiver of Grounds of Inadmissibility (“Form I-601”) and explained in a detailed memorandum of law why the denial of a waiver of this ground of inadmissibility would result in extreme hardship to her United States citizen spouse. Satisfied with the evidence presented and the arguments made on her behalf, U.S. Citizenship and Immigration Services (“USCIS”) granted N.O.C.’s Form I-601 and subsequently granted N.O.C.’s Application to Register Permanent Residence or Adjust Status (“Form I-485”). N.O.C. is now a lawful permanent resident of the United States.

If you or a loved one is facing inadmissibility due to past immigration violations, you may be eligible for a hardship waiver. Let us help you navigate the waiver application process and secure your path to permanent residence. Call us today at (725) 221-5998 or contact us online to schedule a free consultation. Our team is ready to help you move forward with confidence.