Section 212(i) Waiver Success - Overcoming Notice of Intent to Deny - Matter of A.A.J.

A.A.J., a native and citizen of Mexico, faced potential denial of her adjustment of status application after USCIS uncovered fraud in connection with her prior visa application, making her inadmissible under section 212(a)(6)(C)(i) for fraud or material misrepresentation. With only thirty days to respond to a Notice of Intent to Deny, A.A.J. was in a critical situation that required immediate expert intervention. Thanks to the Law Office of Alexander R. Vail, A.A.J. was able to successfully obtain a section 212(i) waiver and secure lawful permanent residence despite the fraud finding. Through comprehensive understanding of extreme hardship standards and discretionary factors, Alex was able to prepare a robust waiver packet that convinced USCIS to grant both the waiver and adjustment application. This case demonstrates how skilled legal representation can overcome even serious inadmissibility grounds when time is of the essence.

SECTION 212(i) WAIVER APPROVED & LAWFUL PERMANENT RESIDENCE STATUS GRANTED Matter of A.A.J. (2025)

A.A.J., a native and citizen of Mexico had applied for adjustment of status on her own on the basis of her being married to a U.S. citizen. In the course of reviewing her application, the agency had uncovered fraud in connection with her prior Online Nonimmigrant Visa Application ("Form DS-160"). Accordingly, it found A.A.J. inadmissible under section 212(a)(6)(C)(i) of the Immigration and Nationality Act (hereinafter referred to as the "INA") as one who procured an immigrant benefit by fraud or material misrepresentation. Accordingly, U.S. Citizenship and Immigration Services ("USCIS") issued a Notice of Intent to Deny, giving A.A.J. only thirty days to pursue a section 212(i) waiver.

Panicked and with little time to respond, A.A.J. met with Alex to discuss how best to approach the matter. Alex went over the nuances of the section 212(i) waiver, explaining that A.A.J. had the burden of establishing two things: (1) that her qualifying relative—her U.S. citizen spouse—would suffer extreme hardship if she were denied the waiver and removed from the United States, and (2) that she merited the waiver as a matter of discretion. Making the proper inquiries about their unique circumstances, Alex was able to provide a tailored checklist that identified the evidentiary items that would be ideal to secure and present to the agency. With A.A.J.'s cooperation, Alex was able to prepare a comprehensive waiver packet that included the Application for Waiver of Grounds of Inadmissibility ("Form I-601"), a robust evidentiary submission, and a detailed cover letter explaining how A.A.J. met her burden of proof under section 212(i). USCIS agreed, and it ultimately granted A.A.J.'s adjustment application.

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Alex's success in this case stemmed from his thorough understanding of the dual requirements for section 212(i) waivers and his ability to work efficiently under extreme time pressure. Faced with only thirty days to respond to the Notice of Intent to Deny, Alex quickly assessed A.A.J.'s unique circumstances and developed a tailored strategy that addressed both the extreme hardship standard for her U.S. citizen spouse and the discretionary factors that would favor granting the waiver. His comprehensive approach included creating a detailed checklist of required evidence, preparing a robust evidentiary submission that documented the qualifying hardships, and crafting a persuasive cover letter that clearly articulated how A.A.J. met her burden of proof under the statute. This methodical preparation and expert knowledge of USCIS policy enabled Alex to transform a potential denial into a successful adjustment of status approval.

Navigating the complexities of immigration law requires experience and expertise. If you are facing challenges with your immigration status or need guidance on the adjustment of status process, contact the Law Office of Alexander R. Vail today. Call us at (725) 221-5998 or reach us online for a free consultation, and let us help you navigate your immigration challenges with confidence and expertise.