Wednesday, October 17, 2007

IJ granted relief by finding extreme hardship in removal proceeding

An immigration judge in San Francisco granted relief and approved adjustment of status for our client after she determined that our client's wife met the extreme hardship requirement in her I-601 waiver for her husband's alleged fraud in his original asylum application. Our client filed asylum with the assistance of an immigration consultant. Because he did not read and speak English, he did not know that the consultant put his ex-wife as his current wife in the application. The IJ insisted that this constituted fraud and required him to file a waiver.

The most striking event in this case, which lasted about four years, was that during a cross examination, it was revealed that our client actually married his ex-wife's mother who was sponsoring him in the petition. Our client never informed us about this and it was not clear from the file. Because of this, the CIS was very suspicious of the marriage and interviewed them several times, including an attempt to revoke the approved I-130 early this year.

Thank God this case is finally over. Everyone is tired.

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