McBean Immigration Law

Client in Removal Gets I-601 Waiver Approved for Misrepresentation

Immigration in the U.S. is rarely straightforward, with many facing obstacles like inadmissibility or past legal issues.

Our client from Georgia encountered these challenges head-on, and today, she has achieved a major victory in her journey.

Here’s how she got there. 

Our client first came to the U.S. in 2003, paroled with the intention of applying for asylum. She was placed in removal proceedings and was issued a Notice to Appear. 

However, her asylum case was not properly handled due to an error by her previous attorney, who missed a crucial court hearing.

As a result, her asylum application remained unresolved for years, leaving her in a state of legal uncertainty. 

In 2016, she met her U.S. citizen spouse, and by 2018, they were married

 In an effort to help her adjust her status, her husband filed an I-130 petition for her, which was approved in June 2020. 

In March 2023, our client applied for adjustment of status to become a lawful permanent resident. Being an arriving alien, USCIS had jurisdiction over her adjustment of status application.

Unfortunately, in April 2024, she received a Request for Evidence (RFE) from USCIS, asking for an I-601, Application for Waiver of Grounds of Inadmissibility. 

The inadmissibility was due to misrepresentation related to her failure to provide proper entry documentation when she first entered the U.S. in 2003. 

Our office worked closely with our client and her husband to gather all necessary documentation for a strong waiver application.

This included our client’s declaration expressing her regret for not having proper documentation and highlighting her good moral character.  

We included a statement from her husband detailing the emotional and physical hardship he would endure if she were not allowed to stay in the U.S. 

His testimony was crucial in illustrating the deep emotional toll a potential separation would have on him.  

We also documented his medical history, including a heart attack in 2022 and ongoing conditions such as anxiety, high cholesterol, panic attacks, high blood pressure, migraines, and shoulder joint issues—further demonstrating the severe impact of her absence on his well-being

Additionally, we submitted a psychological evaluation confirming his diagnoses of anxiety and depression, reinforcing the emotional hardship he would endure without her.  

To strengthen the case, we also provided a country conditions report on Georgia, highlighting the risks and challenges the family would face if forced to relocate. 

In June 2024, we submitted the I-601 waiver application on behalf of our client.  

After several months of anticipation, we received the great news in March 2025—USCIS approved the waiver. 

This victory didn’t come easy, but it’s a testament to their resilience and determination. 

If you or someone you know is facing immigration challenges, experienced legal help is essential.

As a dedicated New York immigration firm, we’re here to fight for your future and guide you to the life you deserve in the U.S.  

Click here to request a consultation with one of our experienced attorneys.

P.S. Every case is different. Past successes do not guarantee similar future outcomes. Consult a licensed immigration lawyer to discuss your unique situation.

About the Author

mcbeanlawfirm

McBean Law, PLLC is a New York immigration law firm and your trusted partner in navigating the complexities of immigration law in the United States. From family-based visas to employment-based green cards, we specialize in guiding clients through every aspect of the immigration process with expertise and compassion. We help clients with obtaining waivers, removal defense, motions and appeals, humanitarian requests, consular processing, and naturalization and citizenship. With a focus on personalized support and a proven track record of success, our experienced team of New York immigration lawyers is here to help you achieve your dreams of a brighter future in the United States.

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