Prior to retaining the law Firm of Cella and Associates (C&A), the client (A.B.) was found to be inadmissible to the United States by a US Consular Officer in Santo Domingo, Dominican Republic on several grounds, including likelihood of becoming a public charge, unlawful presence and alien smuggling. As a result of that denial, A.B. filed an Application for Waiver of Grounds of Inadmissibility, demonstrating the extreme hardship that her Legal Permanent Resident parents would suffer should she not be permitted to enter the United States. On May 5, 2020 the United States Citizenship and Immigration Services (USCIS) denied A.B’s Waiver Application (Form I-601), based on the unavailability of a waiver for a Public Charge Finding. It should be noted that there was no way to overcome the Public Charge finding via a waiver.
A.B. then consulted with Valery Cury, Esq., a C&A attorney admitted to the Federal and New York Bars, as well as in the Dominican Republic and subsequently retained C&A. We then filed a Motion to Reopen that decision to prove that our client was not likely to become a public charge and that, per the Code of Federal Regulations, the Motion to Reopen contained new facts which were supported by previously unavailable evidence.
When deciding if an alien would become a public charge, a consular officer typically considers the alien’s age, health, family status, assets, resources, financial status, education, skills as well as affidavit(s) of support of sponsor(s). The alien carries the burden of proof in demonstrating that he/she will not become a public charge.
In this case, C&A was able to demonstrate through the presentation of new facts and supporting documentary evidence, that the denial of our client’s I-601 needed to be reopened and, since the finding of inadmissibility as a public charge was no longer in question, her I-601 waiver application needed to be decided.
For questions regarding your Waiver Application (Form I-601), please contact Cella & Associates, LLC toll free at 1.877.583.7080 to schedule a confidential remote consultation via Zoom, Skype, WhatsApp, or telephone. We speak Albanian, English, Italian, Russian.

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