I-601 Waiver Approval    

Our office recently received an I-601 Waiver Approval from the US Consulate at Ciudad Juarez, Mexico. This case involved a US citizen’s wife, a Mexican citizen, who had been apprehended at the border trying to enter the US with a fake Green Card. We filed a waiver on the grounds of extreme hardship that the US citizen husband, a truck driver would suffer due to the absence of his wife. We demonstrated the following grounds of extreme hardship that the US citizen would suffer if his Mexican wife were not allowed to join him in the US:

1. The US citizen had a major medical condition being diabetic. On one occasion the US citizen had lapsed into a diabetic coma. If the US Citizen’s daughter had not been at home and called 911, the US Citizen would have most probably passed away. The US Citizen needed his wife in the US to be a caregiver due to the danger that he could lapse into a diabetic coma at any time, which could be fatal. If the US Citizen moved to Mexcio, he would not be able to afford the constant monitoring that is required by regular doctor visits, blood tests, urine tests, daily medication, etc., thereby his health would deteriorate and his risk of lapsing into a diabetic coma, which can lead to death, would significantly go up.

2. The US citizen was supporting his daughter from a previous relationship , a US Citizen, in the US, she had no other relatives in the United States with whom she could live with if the US Citizen, father decided to move to Mexico to be with his wife and two (2) minor sons.  Moreover, the US Citizen daughter was completely integrated into the American lifestyle and could not speak Spanish fluently enough to function on a daily basis in Mexico.

3. The US citizen daughter was going to be enrolled in college shortly. She did not speak Spanish well enough to function on a daily basis in Mexico.  If the US Citizen father were to move to Mexico, the daughter would not have the same educational opportunities that she currently enjoys in the US.  Moreover, in Mexican colleges, the medium of instruction is Spanish and the daughter’s Spanish abilities were not sufficient for her to attend college in Mexico with Spanish as the medium for instruction.

4. Economic hardship. The US Citizen has a good job as a truck driver in the US. If the US Citizen were to move to Mexico and work as a truck driver, his salary would be considerably reduced.  Assuming that he will be able to get a job as a truck driver. Due to the US Citizen’s age, it will be difficult for him to get a job as a truck driver in Mexico.  As the US citizen has been in the US for more than thirty (30) years, he did not have any business or professional contacts or employment opportunities in Mexico.  Even if he were to get a job as a truck driver, a truck driver’s salary in Mexico would not be sufficient to support his family in Mexico, his US Citizen daughter in the US, his diabetic treatment which requires constant monitoring, doctor visits, lab tests, medication, mortgage payment of his house in the US.  The US Citizen’s family would struggle to survive in Mexico where the US citizen does not have the earning power that he has in the US.

5. The US citizen was very concerned about the education of his two (2) minor sons in Mexico. If he were to move to Mexico, he knew that on his limited income in Mexico, he would not be able to provide them with the safe, healthy and nurturing environment that he could if he were in the US.  Their education opportunities would be limited, which would be extremely distressing for the US Citizen and his wife, knowing that they could have so many more opportunities if they were able to go to school in the US.

6. The US Citizen had been depressed due to the current situation but has not sought professional help. The US Citizen had been overwhelmed by the demands of his job and bringing up his daughter, as a single parent, as well as his ill health due to diabetes. The US citizen has been feeling very depressed because he missed his wife and two (2) sons and having to do everything himself, keeping up with his job and looking after his daughter.

7. The US citizen was very rooted in his community, if the US citizen were to move to Mexico, he would have to leave his job, friends and church of thirty (30) years.

If you want to file a I-601 Waiver case, please contact Immigration Lawyer, Arjun Verma, Attorney at Law at (408) 436 1010 or send us an email at info@avlawoffice.com to set up an initial consultation.