Marriage Visa Extreme Hardship Waiver (I-601) Granted For Illegal Alien’s Overstay (EWI)
September 30, 2010- A July 2010 decision by the AAO grants a Venezuelan national who entered illegally (EWI) and overstayed a waiver of inadmissibility based on extreme hardship. The illegal alien entered the United States, overstayed, subsequently married a Citizen and applied for a marriage green card. Upon approval of the marriage green card, the couple had to apply and receive a I-601 hardship waiver in order to complete the permanent residency process. Their I-601 application for a hardship waiver was initially denied by the USCIS on the basis that extreme hardship was not established. However, the AAO reversed the decision.
In reversing the decision and granting the I-601 waiver to the illegal alien, the AAO considered several factors that are necessary to establish extreme hardship. To meet this standard, the alien had to prove that, if denied entry, extreme hardship would result to their United States citizen or permanent resident (LPR) relative. In evaluating whether the standard is met, the AAO stated that extreme hardship may be proven by emotional harm and financial hardships. In this case, the U.S. citizen spouse provided mental health documentation establishing depression and the need for anti-depressants. Evidence also showed that the couple had a large amount of debt that may lead to the foreclosure on their home.
The couple also showed that hardships would result if they were to move to Venuezuela, including documentation of possible illnesses, violent crimes, and harassment of U.S. citizens by pro-government groups. Finally, the U.S. citizen spouse would have to relocate away from her friends, family, home and church if she moved to Venuezuela. In view of the above, the AAO determined that a hardship waiver is established and granted the I-601 waiver application.
[Review the Entire I-601 Illegal Alien Marriage Waiver Decision: Part 1 and Part 2]