additional info on my I-601 case

Hi, I just thought I would keep you all up to date. My father met with our consulting attorney today and she indicated that everything looked "very very good" so far. We need to make a couple more adjustments like notarizing a couple of references and notarizing our statements.

Our basic tactic will be to focus on my medical problems and the potential physical effects of emotional stress.

After that we will be dealing with school, family, etc. etc. etc.

She also recommended that my husband start our interview in English, and then as the interview gets more detailed switch to Spanish in order to be sure that he does not miss any nuances and is able to communicate absolutely everything that the person may want to know. She also said it was best if I attended the interview as well (as I was already planning to do).

We should be meeting with her again at the end of the month, and our interview is scheduled for mid-december.

I will try to keep you all posted from time to time, just in case something interesting happens that might help someone else.

Thanks for all your help!!!

Hi, I just thought I would keep you all up to date. My father met with our consulting attorney today and she indicated that everything looked "very very good" so far. We need to make a couple more adjustments like notarizing a couple of references and notarizing our statements.

Our basic tactic will be to focus on my medical problems and the potential physical effects of emotional stress.

After that we will be dealing with school, family, etc. etc. etc.

She also recommended that my husband start our interview in English, and then as the interview gets more detailed switch to Spanish in order to be sure that he does not miss any nuances and is able to communicate absolutely everything that the person may want to know. She also said it was best if I attended the interview as well (as I was already planning to do).

We should be meeting with her again at the end of the month, and our interview is scheduled for mid-december.

I will try to keep you all posted from time to time, just in case something interesting happens that might help someone else.

Thanks for all your help!!!

Spouse, I found a case similar to yours. Mark Cadiwa was in the United States in 1992. He applied for asylum. After 2 years, he was interviewed by an INS Asylum Officer. His application was neither approved or denied because an INS asylum officer could only

(1) recommend his application for approval, or (2) refer the matter to an Immigration Judge.

The officer referred Mark to an Immigration Judge in L.A., California by an Order To Show Cause, which has since been replaced by a new form, the Notice To Appear. After discussing the case with his lawyer, Mark decided to return to the Philippines -- after all, he was then already married to a U.S. citizen.

He thought it would be a cinch to apply for his immigrant visa at the U.S. Embassy in the Philippines. His wife Gina filed a petition for him when he left. That was sometime February 1994. 7 years later, Mark is still in the Philippines. Gina followed up the petition and Mark finally was interviewed at the U.S. Embassy in Manila. Guess what? His application for an immigrant visa was denied because he left for the Philippines before the scheduled hearing. He did not inform his lawyer, nor the INS, nor the immigration judge, who entered an "in absentia" order.

By not appearing before the Judge and leaving while a deportation or removal hearing is ongoing, Mark violated a provision of immigration law and is therefore not eligible to apply for admission to the United States for 10 years.
The consular officer in the Philippine cited the provision in law that Mark violated: Section 212(a)(9)(A)(ii) for an alien who "departed the United States while an order of removal was outstanding."

But how could he apply for admission as an immigrant when he has been barred for 10 years?The consular officer was diligent enough to cross out a section of the consular letter advising Mark that he could apply for a waiver. The consul also noted that Mark need to submit the Form I-212 Permission to Reapply for Admission. Waiver basically means asking for forgiveness for a violation of immigration law. To ask forgiveness of course means one must first admit or confess to the sin.

The form to use is I-601 Waiver of Inadmissibility. The consul in the Philippines also gives out to waiver applicants Form I-601 Supplement to the Waiver. That is just the tip of the inadmissibility iceberg. The provision in law that allows Mark to apply is 212(a)(9)(B)(v) which states that an alien may waive the inadmissibility clause if the alien is the spouse or son/daughter of a U.S. citizen/green card holder, if it is established to the satisfaction of the Attorney General that the refusal of admission (to the alien, in this case Mark) would result in "extreme hardship" to the citizen or green card holder spouse/parent of the alien.

Grant of the waiver is discretionary. One must prove that he/she is qualified and deserving forgiveness. But most of all, the applicant (Mark) must prove that if his application for an immigrant visa is denied his wife (Gina) will suffer "extreme hardship"; not just hardship, but extreme hardship. Cases from the Board of Immigration Appeals and Circuit Courts are like icebergs. No two giant ice blocks are alike.

There are two cases that Mark can mull over. In the following samples, the cases involve suspension of deportation in which a fundamental requirement is that if the applicant's suspension request is not granted, such denial will result in "extreme hardship" to the alien's U.S. citizen/lawful resident immediate relative. In Salcido-Salcido v. INS filed March 16, 1998, the U.S. Court of Appeals for the 9th Circuit ruled that Tomasa, a Mexican national, is eligible for waiver. The 9th Circuit overturned a previous ruling of the Board of Immigration Appeals that denied Tomasa's waiver. The circuit panel of judges citing Contreras-Buenfil v. INS said that "the most important single factor may be the separation of the alien from family living in the United States." Tomasa has a green card holder husband and two U.S. citizen children. The 9th Crcuit panel said the Board of Immigration Appeals erred in its decision by concluding that Tomasa's "decision to separate from her children is a personal choice." Continuing, the court said, "When the Board of Immigration Appeals fails to give considerable, if not predominant weight to the hardship that will result from family separation, it has abused its discretion."

Later in the year (November 30, 1998) the board, approved another suspension of deportation application. In the Matter of Abria v. INS, the board said the Filipino family demonstrated that they have acculturated themselves to the United States. They have developed significant economic, familial and cultural ties to this country. Their assimilation to this country makes the prospects of readjustment to life in the Philippines much harder than would ordinarily be the case. Of course, the two cases involve applicants who are in the United States.

Mark is in the Philippines. This time, the discretion would come from the consular officer.
If the waiver is denied, the appeal procedure is a different iceberg.

Thanks for the info Hope. It is always good to hear stories about approvals. It makes the whole thing seem that much more possible!!!!!

Thanks again for the encouragement!