April 13, 2014
On March 31, 2014, the USCIS approved two waiver applications filed by Cella & Associates, LLC on behalf of the client who was deported in 2012 and thereby separated from her U.S. citizen husband and five children.
The client first came to the United States in 1986 pursuing the American Dream and has built her personal and professional life in this country. She has a loving family, attained degree and received a professional license. After being deported, the U.S. embassy denied her immigrant visa on the grounds of her unlawful presence, alleged fraud and misrepresentation, and client’s previous removal order. In or about June 2013, Cella & Associates, LLC filed two applications (I-601 and I-212) for a waiver of said grounds of inadmissibility based on the hardship to client’s U.S. citizen husband, as well as other equities.
Section 212 of the Immigration and Nationality Act (“INA”) provides for a waiver of certain grounds of inadmissibility, if being inadmissible to the United States would result in “extreme hardship” to a U.S. citizen, or, in some cases, lawful permanent resident spouse, parent, or child of such person. While the concept of “extreme hardship” is not statutorily defined in the immigration law, it is generally considered to be more than the hardship typically resulting from a family separation or relocation to a different country. The hardship related to qualifying relative’s physical or mental health conditions, personal and financial affairs could be taken into account. Cella & Associates, LLC has a track record of successful applications for a waiver of grounds of inadmissibility for clients who were denied adjustment of status in the United States, as well as for those clients whose applications for an immigrant visa were denied abroad.
As of the date of this writing, our client in Belize awaits her interview at the U.S. embassy where she should be issued an immigrant visa, so that she could return to her family in the United States as a lawful permanent resident.