The Salvadorian government has distanced itself from supporting a truce between the country’s two most notorious criminal gangs. In the first four months of 2015, El Salvador’s homicide rate surged and there was a significant increase in gang attacks against Salvadoran security forces, including the National Civil Police (PNC) and military. While unrestrained gang-on-gang conflict will continue to exacerbate the nation’s homicide rate, the direct threat currently posed to foreigners has not changed.
This is a horrible course of events, and if you are from El Salvador you need to know how this effects you provisional waiver application. One of the factors USCIS looks at when determining if they will approve your waiver application is “Special Factors”. Special factors are cultural, language, religious, and ethnic obstacles; valid fears of persecution, physical harm, or injury; social ostracism or stigma; access to social institutions or structures.
If you and your U.S. citizen spouse would have to relocate to El Salvador, would your spouse have a valid fear of physical harm because of the surge in homicide rates in El Salvador? This is only one of several factors that have to be evaluated and balanced to determine if you should be granted the waiver. Please remember all factors must be in the context of the hardship to the U.S. citizen spouse, in the circumstances of the spouse living outside the United States with you and the hardship if you are living outside the United States and your spouse is living in the United States.
We represent families in their waiver applications and for those who have tried the waiver process on their own and where denied, we will review your denial and let you know if we can refile your waiver application to have your case approved. Please call my office at 513-791-1673 or click here to schedule your appointment.