Friday, August 27, 2010

New I-290B Appeal for Denied I-601 Waiver

Had a very busy last few weeks, as we took on many new cases. One in particular was interesting, a Chinese national had been previously granted asylum based upon persecution as a practicioner of Falun Gong.

As a asylee, she filed her I-485 adjustment of status petition many years ago, which USCIS left unadjudicated.

Then about 2-3 years ago, she married a U.S. citizen husband who filed I-130 and I-485 petitions on her behalf. At the time of her interview, USCIS confronted her with evidence that her previous I-589 asylum application had "material misrepresentations." USCIS had been investigating the attorney, Kurt Miller, who had prepared the application for her and had provided a fraudulent arrest warrant from the Chinese government for her arrest. Mr. Kurt Miller is now disbarred from the practice of law, by order of the California Supreme Court.

So based upon her "material misrepresentation" in her asylum application, she was held to be inadmissible under INA § 212(a)(6)(C). She was eligible for a waiver under INA § 212(i), based upon the extreme hardship her husband would suffer if she were not permitted to stay in the U.S.

She had another attorney prepared her initial I-601 Waiver application, which was not properly supported with sufficient evidence and was denied. Only then, did they come to our office, with about 3-4 days before the time to file an appeal was exhausted, and we worked very hard and fast to put together a complete package, consisting of an I-290B Motion to Reopen / Reconsider, with new evidence, and an I-290B Appeal to the BIA. We met all our deadlines and now are waiting for a decision.

I feel hopeful because of the equities on the USC spouses side of the scale. Let you know how the appeal is decided.

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