I-601A Waiver Approval Success Story: How One Family Overcame Extreme Hardship

Navigating the U.S. immigration process can be complex and emotionally challenging, but for one local couple, persistence and the right legal strategy led to a life-changing victory. We recently secured an I-601A provisional unlawful presence waiver for our client, Maria, allowing her to move forward with her dream of becoming a lawful permanent resident and ensuring her place with her family in the United States. Here’s how we helped make it happen.

Meet Maria and David

Maria, originally from the Republic of Georgia, was brought to the U.S. at the age of 12 without a visa. Now 38, she has spent most of her life in the United States, building a life and a loving relationship with her U.S. citizen spouse, David.

David, a 41-year-old high school teacher, met Maria in college, and they have been together since 2017. In June 2020, they got married and purchased their first home together. However, Maria’s immigration status remained uncertain, posing a significant challenge to their future.

I-601A Waiver: Proving Extreme Hardship Successfully

Since Maria entered the U.S. without inspection, she needed to apply for a provisional waiver (I-601A) to address her unlawful presence. A successful I-601A waiver requires proving that a qualifying relative—in this case, David, as well as his U.S. citizen mother, Veronica—would suffer extreme hardship if Maria were not granted legal status.

This hardship must be substantial, beyond the normal difficulties of separation or relocation. Our task was to build a compelling case to demonstrate why Maria’s departure would create an undue burden on David and his mother.

Building a Strong Case for Extreme Hardship

Our strategy focused on showing the profound impact Maria’s absence would have on David’s mother, Veronica, and the obstacles David himself would face if forced to relocate. To support Maria’s application, we presented extensive evidence, including:

1. Personal Affidavits

• • We submitted detailed statements from Maria, David, and David’s mother, Veronica, describing their deep emotional bonds and the devastating effect Maria’s absence would have on their lives.

2. Medical Evidence for David’s Mother

• • Veronica suffers from depression, heart disease, and hypertension.
  • A letter from her doctor confirmed that she requires ongoing medical attention and physical and emotional support from her immediate family, which Maria provides.

3. Impact on David’s Career

• • David is a dedicated high school teacher with aspirations of becoming a school principal.
  • If forced to relocate to Georgia, he would lose his career prospects and financial stability.

4. Country Conditions in Georgia

• • Relocating to the Republic of Georgia would place David in significant distress, given concerns over:
    • Limited emergency medical services
    • Political instability and human rights concerns
  • We included reports from the U.S. Department of State detailing safety risks and economic hardships in Georgia.

Key Strategies for Success

To strengthen the case, we emphasized the following:

1. Comprehensive Documentation

We compiled affidavits, medical records, expert opinions, and official reports to present a strong, well-supported argument.

2. Clear Demonstration of Extreme Hardship

We focused on the specific hardships that David and his mother would endure, rather than generic separation struggles.

3. Highlighting Family Dependence

• • Veronica relies solely on David and Maria for financial, physical, and emotional support.
  • If David were forced to move to Georgia, Veronica would lose essential care, significantly impacting her health and well-being.

4. Demonstrating Maria’s Strong Moral Character

• • Maria has no criminal history and has been paying taxes throughout the years.
  • A letter from her employer praised her dedication and compassionate nature.

5. Evidence of the Couple’s Commitment

• • Maria and David have built a life together, fully supporting each other’s dreams and goals.
  • Their marriage is a testament to their love, stability, and future plans in the U.S.

I-601A Waiver Process Explained: Eligibility & Approval

To educate others about the I-601A waiver, we outlined key factors:

1. Eligibility Requirements

• • The applicant must be physically present in the United States.

2. Grounds of Inadmissibility

• • Certain factors, such as criminal history, could disqualify an applicant.

3. USCIS Discretionary Review

• • Even if extreme hardship is proven, USCIS has the authority to deny the waiver based on other discretionary factors.

Final Thoughts: A New Beginning for Maria and David

By presenting a well-documented, compelling case, we successfully obtained an I-601A waiver for Maria, bringing relief and stability to her and her family.

This case highlights the importance of strategic legal planning, thorough documentation, and a clear understanding of immigration law. For individuals facing similar immigration challenges, the right legal team and a strong waiver application can make all the difference in securing a better future.