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AAO reversed an I-212 waiver denial

March 31, 2015 by Thomas Geygan

ImmCt1In a non-precedent decision, the AAO reversed an I-212 waiver denial, finding applicant’s lack of criminal record, approved Form I -130, and hardship to both the applicant and her USC spouse outweigh her 53 days of being out of status and unauthorized employment.

On appeal, the applicant asserts that the Field Office Director made several legal errors, including failing to consider the applicant’s many favorable factors, the lack of unfavorable factors, evidence of hardship submitted, and the cumulative effect of hardship on the applicant and her spouse. In addition, the applicant asserts that the Field Office Director applied an extreme hardship standard instead of the required balancing of equities standard; and that her favorable factors outweigh her adverse factors.

The record also reflects that the applicant has expressed remorse for her actions and that she has paid taxes on her earnings as a nanny while in the United States. In addition, the applicant submits statements from friends and family describing her good character. The unfavorable factors in this case include the applicant’s period of unauthorized stay during her last visit to the United States and her brief period of unauthorized employment. We note that the applicant was out of status for 53 days, a relatively short period of time. After a careful review of the record, we find that the applicant has established that the favorable factors outweigh the unfavorable factors in her case and that a favorable exercise of the Secretary’s discretion is warranted. In weighing the favorable and unfavorable factors, we determined that certain favorable factors were not after-acquired equities. In addition, although less weight was given to the applicant’s after-acquired equities, these equities were still considered relatively significant due to the nature of the hardship detailed in the record.

It is important to remember what your rights of appeal are and the legal test.  We often review decisions of USCIS and appeal those decisions based upon the application of a wrong legal standard, or failure to take into consideration all of the evidence.  If you believe your case was improperly denied, please contact our office to discuss your rights to appeal.

 

Filed Under: AOS Marriage, Family based Immigration, Family Visas, Green Card, Soap Box, TIPs

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May 15, 2017

 

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