Our office took on the representation of a former Kurt Miller, Esq. client. The client had obtained asylee status sometime in 2000. Later the client married a USC and the couple has a child together.
When the spouse filed an I-130 petition, USCIS sat on the application and did not reach a decision for approximately 4 years. After being summoned to the Field Office for a frauds interview, the client admitted to the Officer that they did not supply any of the documents submitted in support of the I-589 application. They admitted that Kurt Miller had provided everything, including the declaration. which they were to memorize.
Obviously, USCIS held that person inadmissible for procuring an immigration benefit through fraud and/or material misrepresentation, under INA § 212(a)(6)(C)(i). The client had hired another attorney to file an I-601 Hardship Waiver petition under INA § 212(i) and the Field Office denied the application.
The client then came to our office and we filed both an I-290B Motion to Reopen / Reconsider, along with new documentary evidence to support the claim of Extreme Hardship for the qualifying USC relative. Also, in the abundance of caution, we filed an appeal to the AAO, Administrative Appeals Office in Washington, D.C.
Recently, we received the denial of our I-290B Motion to Reopen/Reconsider and today I finished the appellate brief of points and authorities to the AAO, arguing that the hardships must be considered in the aggregate, not singularly, and adjudicated in the totality of the circumstances.
I further moved the AAO to consolidate the two appeals presently pending.
I am cautiously optimistic about this appeal.