A man was deported to Colombia. Due to his removal from the United States, he was barred under the law from returning to the U.S. for 10 years. Additionally,because he had collected more than 1 year of unlawful presence prior to his deportation, he was also subject to an additional 10 year bar to reentry. Attorney Cohen represented him and his wife in front of USCIS and the State Department in an immigrant visa petition and consular processing of the case. In order for the U.S. Embassy in Bogota to issue the immigrant visa, Attorney Cohen had to have 2 separate applications approved in order to waive the 10 year bars to reentry. One application was a I-212 advance permission to reenter the United States after Removal, and the other was an I-601 application for a waiver 10 year bar for unlawful presence. In order for the unlawful presence bar to be forgiven, evidence that the man’s U.S. Citizen wife was suffering extreme hardship in the absence of her husband was collected and presented to the USCIS. Evidence included a psychological report which indicated that she was suffering from clinical depression. Other evidence bearing on the issue of extreme hardship was submitted as well, along with evidence in support of a favorable exercise of discretion. Evidence bearing on the issue of the non-viability of the wife joining her husband abroad was also provided to USCIS. The USCIS granted the I-601 and I-212 applications, finding that it was established that the wife would suffer extreme hardship unless the husband were allowed to rejoin her in the United States. OUTCOME: the U.S. Embassy in Colombia granted the immigrant visa application and the husband was allowed to emigrate to the United States where he was issued a green card. Had the waivers not been approved he would have been stuck outside the U.S. for a decade.
If you would like to consult with Attorney Mitchell J. Cohen regarding an immigration case, call for an appointment at:
Mitchell J. Cohen, P.A.’s