A female native and citizen of China appealed USCIS Chicago’s denial of her I-601 waiver. The applicant had been found inadmissible for entering the US on someone else’s passport under section 212(a)(6)(C)(i) of the INA; she was permitted to file a waiver of inadmissibility under section 212(i). The AAO denied the appeal, finding that the applicant failed to prove that her husband would suffer extreme hardship if he were to remain here without his wife, or that he would suffer extreme hardship if he returned to China with her.

For evidence, the applicant submitted an attorney brief, medical documentation of her son’s hyperactivity disorder, her son’s school records, the couple’s employment records, and the applicant’s tax records. The AAO found that, since the son is not a qualifying relative for purposes of the I-601, the applicant failed to show how the son’s hardship would affect the husband who is a qualifying relative. The applicant also failed to show that the husband’s responsibilities toward the son would become more burdensome in her absence, or how her missing income would affect the family. As the Husband is a native and Citizen of China, he was unable to show that he would suffer extreme hardship by moving there; he knows the language and the culture.

My thoughts:
While there is certainly room for improvement in this waiver packet as to evidence of the husband’s extreme hardship if he were to remain in the US without his wife, the fact that he is a native and citizen of China will pose a challenge in proving why it would be extreme hardship for him to move back there.

AAO Decision: 1/2/09
USCIS Field Office: Chicago
Country: China
Status: Dismissed
Qualifying Relative: LPR Husband

DISCLOSURE: This case study is provided for informational purposes only. I was not involved in the handling of this case.