Woman received asylum approval six years after entry on China's birth control policy

Ms. L entered the United States in 2001. She married a US citizen in 2002 and filed I-485 to adjust her status to permanent resident. After her first interview, CIS officer called her husband and talked him to withdraw his I-130 petition for her. The couple retained us later and we filed second I-130 and I-485. We also filed I130s for her two children living in China. CIS approved I-130, after lengthy delay and mandamus action in federal district court. In April of 2007, however, CIS denied her I-485 after it denied her I-601 waiver based on a finding of her misrepresentation in her B-1 visa application about her marital status in 2001.

In July of 2007, about 90 days after the I-485 denial, Ms. L filed her first asylum application. We successfully persuaded the Asylum Office that Ms. L is not barred by the one year filing rule because she was in status while her I485 was pending and she filed her application within a reasonable time after the denial.

Ms. L's asylum claims were based on her 1989 abortion and forced IUD insertion in 1996. Ms. L has two children from previous relationship. I-130s for her children were also approved and are now in consulate processing.

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.