Our client had initially entered the U.S. years earlier without inspection. He worked hard and after several years married a U.S. citizen. The couple was eager to start a new family but discovered that they were having problems conceiving. Initially our client underwent surgery as well as several excruciating rounds of in vitro fertilization. The process was financially, emotionally, and physically tolling on the couple. They were also extremely fearful of client’s illegal status in the U.S. To remedy both issues they decided to move to a third country, where the wife was a permanent resident and able to petition for her husband to live legally. The wife left the U.S., got a job, and petitioned for permanent residency for her husband, while he remained in the U.S. Once approved, our client joined his wife in the third country, hoping for a new start. Unfortunately, the wife lost her job and after a year of job searching and heavily in debt was able to find a job back in the U.S. She then was forced to move back and petitioned to bring her husband back to the U.S. through consular processing. In order to get a green card, our client would have to obtain an I-601 of admissibility for his unlawful presence in the U.S., as well as an I-212 application for a prior conviction. In order to obtain an I-601 waiver, the applicant must demonstrate “extreme hardship” to a qualifying relative. Our client’s qualifying relative in this case was his wife. When client’s wife retained our attorneys to handle this part of the case, our attorneys submitted our client’s I-601 and I-212 waiver applications with substantial documentation of his wife’s financial hardships, her significant medical issues of depression and more importantly the necessity that the couple remain together to continue with their in vitro fertilization treatments. USCIS approved our client’s waiver applications within 6 months of submission and client was able to return to the U.S. He now has his green card and is able to live peacefully with wife without fear of separation and pursue his dream of having children.
