Quite the excitement yesterday: I received a letter from the Administrative Appeals Office (AAO) about a hardship waiver that was on appeal. The AAO decided the local immigration office had improperly concluded my client's husband did not suffer extreme hardship.
I'm usually reluctant to appeal a hardship waiver denials. It takes so long to get a decision; usually about 2 years. It's often easier (and faster) to just re-file the case. But I opted to appeal this case for two reasons. First, I was convinced the immigration officer was wrong. Second, the client was already in the U.S. and filing an appeal ensured she would be in the U.S. for at least another two years. She could not be deported and separated from her family while the appeal was pending. (And who knows what might have happened while her case was on appeal. Reform, anyone?)
Her waiver was for misrepresentation. Although waivers for misrepresentation should be judged by the same standard as waivers for other types of inadmissibility, the approval statistics suggest otherwise. Only 24% of misrepresentation waivers are approved compared with 85% of waivers for living in the U.S. illegally.
I am thrilled for my client and her family. She gets to remain here with her family. Blackwell Law Group succeeds again at keeping a family together. Winning on appeal does not always happen. When it does happen, it really makes my day and brings a smile to my face.
