In 2002, our client entered the United States without inspection from Honduras, driven by the desire for a safer and more prosperous life.
Years passed, and in February 2018, he married the love of his life.
Determined to build a future together, they sought legal assistance from the dedicated team at McBean Law.
The firm’s first step was to file his U.S. citizen wife’s I-130 (a petition for alien relatives).
With perseverance and hope, they received approval for the case in November 2019, a significant milestone in their journey toward stability and security.
With the I-130 approved, our next step was to apply for the I-601A waiver because our client had entered without inspection.
The I-601A waiver is needed for clients who plan to leave the United States for a consular process at a U.S. embassy abroad.
An approved waiver means that our client will not face a 10-year ban due to his unlawful presence in the U.S.
This waiver is very complex and requires detailed declarations from both the Applicant and his Qualifying Relative — his wife.
Our waiver painted a vivid picture of the hardships he faced in his homeland of Honduras, where gang-related violence was rampant and had tragically claimed the lives of several family members.
Our client’s commitment to his family was also undeniable and relevant to his case.
He is a devoted father to three biological U.S. children and two stepchildren.
His waiver detailed the immense hardships his children would face without their father, emphasizing his financial support and active involvement in their lives.
The children’s health conditions — two battling asthma and one struggling with high blood pressure — added to the urgency of their need for his presence.
Additionally, his waiver highlighted the severe impact on his U.S. citizen wife if they were forced apart.
As the qualifying relative, her ties to her husband’s country of birth were non-existent, having been born in Guatemala.
Her upbringing was also marked by struggles of poverty, and her employment in the U.S. provided a lifeline that she would lose if she had to leave, along with her job and pension.
The potential severing of her family and community ties painted a picture of profound hardship.
In April 2024, USCIS finally approved our client’s I-601A waiver after a long wait!
Now, as they continue through the consular processing phase, their journey is a testament to resilience, love, and the unwavering hope for a better future together in the United States.
If you or someone you know needs help with an immigration case, click here to request a consultation with an attorney.
P.S. Every case is different. Past successes do not guarantee similar future outcomes. Consult a licensed immigration lawyer to discuss your unique situation.
