I-290B Appeal To AAO on an I-601 Waiver GRANTED

In a May 2014 decision rendered by the Administrative Appeal Office (AAO), Attorney Nguyen D. Luu obtained a Waiver of Grounds of Inadmissibility based on grounds of extreme hardship. The AAO withdrew its previous denial decision and granted the matter on appeal.

 The client was denied adjustment of status and was found inadmissible on grounds of immigration fraud and misrepresentation. Prior to retaining attorney Nguyen Luu, the client did not have adequate legal representation and prior counsel failed to meet the legal burden by presenting sufficient evidence. Subsequently, the client filed multiple I-601 Waivers and were denied by USCIS due to lack of evidence establishing extreme hardship.

 After obtaining legal representation from attorney Nguyen Luu, the firm was able to assist the client to obtain copies of the client’s immigration record. Thereafter, the legal team, led by Attorney Nguyen Luu, appealed the denial decision and presented substantial evidence and extensive supporting documents comprising of witnesses’ affidavits, State Departments reports on the client’s home country, medical evaluation, and various other evidence including a supporting legal brief.

 Waiver decisions are discretionary and extremely rare to win during the appeal’s proceeding. Generally, AAO does not overturn discretionary decisions on I-601 waivers. However, on the I-290B Motion to Re-Open filed by the firm, the AAO found that counsel presented sufficient evidence to establish extreme hardship and reversed its previous denial. The firm is extremely pleased that AAO rendered a favorable decision in granting the waiver.

 Waiver of Grounds of Inadmissibility cases can be difficult to establish and the clients should seek adequate legal resource to understand the process involved. Clients should carefully research their options for legal representation. Difficult cases should be thoroughly analyzed and reviewed by experienced immigration attorneys to avoid removal or deportation.

 Subsequently on a March 2016 decision, after months of follow-ups, USCIS has finally admitted that its denial decision on clients’ I-601 application was made in error. Client received her green card.