In November 2020, our client approached us with a pressing immigration challenge following the denial of her I-485 application for adjustment of status.
Her journey to this point was filled with obstacles, but with determination and the right legal strategy, we were able to pave a path forward.
Our client’s story began in 2005 when she entered the United States on a B1/B2 visa with her young daughter, seeking safety from the instability in Haiti.
The political involvement of her now ex-husband further jeopardized their safety, making it imperative for them to find refuge in the U.S.
In 2007, our client’s mother relocated to the United States and, after several years, became a U.S. citizen in 2013.
This family tie would later prove crucial in our client’s immigration process, ultimately providing her with a viable pathway to lawful status.
In 2010, our client applied for Temporary Protected Status (TPS), a program that offers temporary legal status to nationals from certain countries experiencing ongoing armed conflict, environmental disasters, or other extraordinary conditions.
While this provided temporary relief, our client needed a more permanent solution.
Our client’s U.S. citizen mother petitioned for her I-130 in August 2014, which was approved the following month.
However, when our client applied for adjustment of status, her application was denied due to her unlawful presence in the country.
Faced with the I-485 denial, we evaluated our client’s situation and determined that she had a qualifying relative for an I-601A waiver: her mother.
The I-601A waiver, also known as the Provisional Unlawful Presence Waiver, is designed to allow individuals who are relatives of U.S. citizens to apply for a waiver of their unlawful presence before leaving the United States for consular processing of their immigrant visa application.
Our client’s mother’s health had significantly deteriorated, suffering from multiple medical conditions including severe memory impairment, glaucoma, high blood pressure, gout, thyroid issues, chronic migraines, and arthritis.
These circumstances presented a strong case for extreme hardship if our client were to be removed from the U.S.
In January 2021, we filed the I-601A application, focusing on the extreme hardship that our client’s removal would cause to her mother.
We included detailed medical records, financial documents, declarations, and letters of support to illustrate the severity of her mother’s condition and the critical role our client played in her care.
We also highlighted discretionary factors to present a well-rounded case, demonstrating our client’s adherence to TPS requirements and her positive contributions to the community.
The submission included IRS tax transcripts and TPS Approval Notices as proof of maintaining TPS status.
After rigorous review and a long wait, the I-601A waiver was approved in May 2024.
This approval marked a significant milestone in our client’s journey, allowing her to proceed with consular processing for her immigrant visa.
With the waiver approval in hand, our client is now one step closer to achieving lawful permanent resident status.
The consular processing phase will involve an interview at a U.S. embassy or consulate abroad, after which she can re-enter the U.S. with an immigrant visa and ultimately obtain her green card.
This case shows the importance of recognizing the right legal strategy in overcoming immigration hurdles.
Our firm is proud to have played a pivotal role in helping our client navigate the complexities of the U.S. immigration system and move closer to her goal of securing permanent residency.
If you or someone you know is facing similar immigration challenges, our experienced team is here to help guide you through every step of the process.
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P.S. Every case is different. Past successes do not guarantee similar future outcomes. Consult a licensed immigration lawyer to discuss your unique situation.
