Margaret W. Wong & Associates - Immigration Lawyers
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Success Stories: Hardship Waivers

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FIRM OVERVIEW

Margaret W. Wong & Associates LLC is a full-service immigration law practice that provides legal advice and representation to people and companies in the United States. The firm has over 80 years of combined legal experience among its attorneys and serves its clients from offices in Cleveland, New York City, Los Angeles, Chicago, Atlanta, Nashville, Columbus, Minneapolis, and Raleigh. Contact us here to schedule a consultation to discuss your needs. 

 

10 Year Cancellation Waiver for Family
Single Indian Mother No Removal
Waiver for Uncertain Status
U-Visa for Man Attacked in Grocery Store
Albanian Approved Green Card
Indian National Stay With Wife
Husband and Wife in US Forever
Syrian Physician Hardship Waiver
Waiver for Daughter of Lebanese Physician
Family in Need Granted Waiver
Marriage > Deportation
Financial Doubts Leads to Hardship Waiver
Chinese Woman Falsely Accused
Physician Provides Medical Service with Approval
Chinese Man Granted Residency
Indian Client Hardship Waiver Approved
Case Approved After Prior Fraud
Hardships by Child: Approved Waiver
Previous Attorney’s Denial Approved
Family Planning Policy Escapee

 

Ten Year Cancellation of Removal Permits Good Family a Good USA Life

KYL and her husband, AC came to see us in our NY office back in March of 2009. After assessing their situation, it was determined that filing for a 10 year cancellation of removal waiver was the appropriate course of action. The waiver requires that you demonstrate that you have maintained a continuous physical presence in the United States for 10 years or more, that you are a person of good moral character, and that your removal would result in exceptional and extreme hardship for immediate family members, that are U.S. citizens, if you were removed. After spending many months preparing our case and speaking with the clients about all of the exceptional issues that a removal order would cause for their U.S. citizen children, we filed supporting documentation and argued our case to the immigration court. Attorney William Low from our NY office argued the case expertly and finally, in the Spring of 2016, the cancellation of removal waiver was granted for both, husband and wife! The family is thrilled and now they can move on with their lives in The United States! (Back to Top)

Cancellation of Removal for Single Indian Mother

Our client is a single mother from India. She had no immigration status. She had been in the United States for over 10 years. We applied for cancellation of removal. Although our client’s six-year old daughter did not have any medical problems or learning issues at school, we argued that she would suffer exceptional and extremely unusual hardship if she had to return to India based on a variety of factors, including the problems that women and female children face in India. After hearing evidence on the application, the Immigration Judge stated that she would grant the application once background checks cleared. Scott Bratton handled the case. (Back to Top)

Hardship Waiver Gained for Wife in Uncertain Status Liable for Deportation

In 2012, an Indian woman in her 30s with a US citizen husband and 2 US citizen children came to our office seeking help. She and her husband met in India in the early 1990s and fell in love at first sight. They didn’t hesitate at all and a few weeks later they got married in India.

She was excited to start a new life with her husband, who had a job as an electrical engineer in Chicago, and couldn’t bear the thought of being separated from him for a few months to wait for a fiancée’s visa. At the time, she had a visitor’s visa that was valid for only 6 months and decided to return to the US with her husband. She thought that once they got legally married in the US she would get a Green Card, settle down, and live happily ever after.

Like so many people, our client wasn’t knowledgeable of US immigration law. She didn’t know about the idea of immigrant intent—that she couldn’t enter the US on a visitor’s visa if she planned on staying. Her family told her this was okay and she trusted them.

Our client went through customs at O’Hare airport and presented the officers with her visitor’s visa, not knowing it was invalid. When they began to question her about her husband she panicked. She lied and said she had just met him on the plane, wasn’t married and was planning on returning to India in a few months. When the officers brought her husband in the room she broke down and admitted that she had been lying.

To this day, our client regrets this momentary lapse of judgment. She wishes she had just waited a few months for the fiancée visa or that she had told the immigration officers the truth. But she was young and scared. For the next 16 years she and her family suffered because of this. Despite having a degree in medical lab technology, she was unable to get a work authorization. Her husband, who already suffered from mild anxiety, slipped even further into depression, agonizing over his wife’s status and uncertain of their future.

We decided to file a waiver on grounds of inadmissibility because her family would experience extreme hardship if she were to leave the country. By the time we took on the case, the couple had 2 teenage children and our client was taking care of her elderly mother who was living in the US. Her husband, while a successful engineer, was constantly stressed by finances, work, and his wife’s immigration status. He worked extremely long hours and our client took care of their children. If she left the country, a psychologist said it was very likely that he would have a breakdown, leaving their children and her mother in a precarious situation. Returning to India with her family wasn’t a valid option, as the couple’s children didn’t speak the language and would have suffered greatly if separated from their school, friends, and everything they knew in the US.

USCIS took all of this into account and recognized that our client’s family would suffer extreme hardship if she weren’t able to stay in the US. In December 2012 she received her Green Card. (Back to Top)

Man from India Violently Attacked in Grocery Store; U Visa Approval

An Indian client came to us after being violently attacked while working in a grocery store. He was deeply scarred by the incident but he was able to assist police in identifying, arresting, and convicting one of the perpetrators. These tragic circumstances made him eligible for a U visa for victims of crime. We prepared his I-918 U visa application as well as an I-192 waiver of inadmissibility. We wrote a brief supporting his applications and provided the appropriate supporting documents. In less than a year, his U visa was approved and he was granted a waiver. He will now be eligible to adjust in three years. (Back to Top)

Albanian approved for I-601/212 Green Card

Client was born and raised in a small town in Albania. He entered the U.S. in 2002 after having been separated from his parents and sister for two years – he was unable to come with his family since he aged-out of the immigrant visa process. Out of desperation, he came to the U.S. with a photo substituted passport through Miami International Airport. He was immediately detained, but later released and charged as an arriving alien. The Immigration Judge permitted him to withdraw his request for admission. Client never left as his parents were growing old and needed his assistance in the U.S. Unfortunately, in 2004, Client was detained again and deported back to Albania by ICE ERO officials in Cleveland, Ohio. Since that time, Client used our services to apply for an I-130 through his citizen parents. As soon as quota opened and a visa number became available in 2012, our office scheduled an interview at the consulate in Tirana, Albania. The U.S. consulate in 2013 scheduled an immigrant visa, but found that he was ineligible for the visa as he entered in 2002 with fraudulent documentation and was unlawfully present in the U.S. Our office prepped the client for his interview, and was already prepared to file the I-601 and I-212 waivers within two months of his interview. Within 5 months, clients 601 and 212 were approved! Clients parents and grandmother have been in and out of the hospital due for various conditions. His grandmother was admitted to hospice care in the fall of 2013. Clients parents, sister, and grandmother are very excited that Client will be able to return and see his parents and grandmother after 9 years of separation. (Back to Top)

Waiver Approved for Indian National, Able to Stay in US with Wife

A native of India had entered the United States on a passport that was not his own. He was married to a United States citizen and wanted to know if he could adjust status. He set up a consultation with Margaret W. Wong & Associates. After his consultation, he retained the firm to help him. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed. After his interview, a waiver was also filed because he entered the U.S. with a passport that was not his own. The waiver had to show that there would be extreme hardship for his wife if he returned to India or if she returned with him. After putting together a complete package for USCIS, the waiver was filed and approved. The Indian national is now living happily in the United States as a lawful permanent resident. (Back to Top)

Husband and Wife can Now Live Together in the US Forever

Before hiring Margaret W. Wong and Associates as her legal representatives, one of our Chinese clients had a bit of a run of bad luck. Unbeknownst to her, she applied for a Green Card through a shady and illegitimate immigration service company, which resulted in her application being rejected due to the company’s illegal business. Unfortunately, she had no idea about this until her husband, a United States citizen, applied for her Green Card and that application was also rejected; USCIS mistook her first application as an attempt to cheat the government. She then hired Margaret W. Wong & Associates to help her settle this issue, and she filed an I-601 Application for Waiver of Grounds of Inadmissibility, due to the fact that her deportation would severely cripple her husband, already a man of poor mental health. Within a few months, her I-601 was approved, and she received the news with overwhelming joy, delighted that she can stay in the United States with her husband. Attorney Scott Bratton handled the case. (Back to Top)

Hardship Waiver Attained for Syrian Physician

We were retained by an alien who is a physician on a J-1 visa for his fellowship to waive his two year home residency requirement. The alien was born in Syria and has a US citizen son who was a claim to exceptional hardship whether he were to stay in the US alone or relocate to Syria for those two years. We started by getting the DOS # which gives DOS the ability to process the case and for us to check the status online. The waiver was thoroughly prepared and was filed on March 13, 2012. We were glad to hear of the DOS recommendation on Friday June 1, 2012. Now that the DOS had issued a recommendation, the USCIS will now process the I-612 and grant an approval for the hard working alien physician. The physician will now be able to offer his medical services in the US instead of having to return home for two years. (Back to Top)

Lebanese Physician Gets Hardship Waiver for Sake of Daughter

An alien who is a physician retained us to waive his two year rule that pertained to his J-1 visa. He came to the US from Lebanon for medical residency training. He finished his training and is now doing his fellowship. The physician has a US citizen daughter and the basis of the hardship waiver claim is exceptional hardship to the US citizen daughter. In July of 2011 we requested a Dept of State case # from DOS to initiate the waiver process. We then started preparing the hardship claim, documents, forms and other materials showing extreme hardship to the physician's US citizen daughter. The hardship would occur if the daughter would have to stay in the US alone without her father or relocate to Lebanon with him for two years. The US citizen daughter is very young and needs care and attention. On October 25, 2011 we filed the J-1 hardship waiver to USCIS. We tracked the status of the case online with DOS and USCIS and learned on December 30, 2011 that the case was approved. The family was very pleased with our work and was overjoyed with the outcome of the case. Attorney Margaret Wong and paralegal Brian Marek worked on this case. (Back to Top)

Hardship Waiver Granted for Husband Whose Family is in Need

We were retained by a Chinese husband and wife who live in Illinois. They have one child who is a US Citizen. The husband is on a J-1 and is subject to the two year rule and needs to return to his home country for two years or obtain a waiver. The wife is a legal permanent resident. We worked on getting the husband a waiver of the J-1 visa two year requirement based on the exceptional hardship claim that his wife and child will experience if he goes to China for two years. We filed the hardship waiver to USCIS on September 27, 2010. A DOS case number had already been obtained. On December 27, 2010 we checked online with DOS and found the case was recommended by DOS for approval. Attorney Margaret Wong worked on the case with the help of Brian Marek (paralegal). (Back to Top)

Marriage More Powerful Than Deportation: Hardship

USCIS denied our client’s application to obtain his Green Card due to prior fraud. USCIS found he was inadmissible due to the fraud and the fact that they denied his waiver request. We then appealed the waiver denial to the Administrative Appeals Office (AAO). The AAO agreed with us and granted the waiver based on extreme hardship that the United States citizen spouse would suffer should the applicant be required to return home. Thus, our client can now get his case approved since the sole ground for denial has been overcome. Scott Bratton handled the case. (Back to Top)

Financial Doubts Leads to Hardship Waiver

Our office recently obtained a 601 hardship waiver approval, which was filed on behalf of an individual who had entered the U.S. with improper documentation. This person had married an United States citizen and had a child. The approval was granted due to the potential emotional trauma that would be caused to the child through a separation from her parent. The financial hardships to this person’s spouse were also a major consideration. It is now possible for this family to stay together in the United States. (Back to Top)

Chinese Woman Falsely Accused, Gains US Residency

Before hiring Margaret W. Wong and Associates as her legal representatives, one of our Chinese clients had a bit of a run of bad luck. Unbeknownst to her, she applied for a Green Card through a shady and illegitimate immigration service company, which resulted in her application being rejected due to the company's illegal business. Unfortunately, she had no idea about this until her husband, a United States citizen, applied for her Green Card and that application was also rejected; USCIS mistook her first application as an attempt to cheat the government. She then hired MWW to help her settle this issue, and she filed an I-601 Application for Waiver of Grounds of Inadmissibility, due to the fact that her deportation would severely cripple her husband, already a man of poor mental health. Within a few months, her I-601 was approved, and she received the news with overwhelming joy, delighted that she can stay in the United States with her husband. Attorney Scott Bratton handled the case. (Back to Top)

Physician Gains Approval and is Able to Provide Medical Service in US

We were retained by an alien who is a physician on a J-1 visa for his fellowship to waive his two year home residency requirement. The alien was born in Syria and has a US citizen son who was a claim to exceptional hardship whether he were to stay in the US alone or relocate to Syria for those two years. We started by getting the DOS # which gives DOS the ability to process the case and for us to check the status online. The waiver was thoroughly prepared and was filed on March 13, 2012. We were glad to hear of the DOS recommendation on Friday June 1, 2012. Now that the DOS has issued a recommendation, the USCIS will now process the I-612 and grant an approval for the hard working alien physician. The physician will now be able to offer his medical services in the US instead of having to return home for two years. (Back to Top)

Chinese Man Granted Residency Due to Hardship Waiver

We were retained by a Chinese husband and wife who live in Illinois. They have one child who is a US Citizen. The husband is on a J-1 and is subject to the two year rule and needs to return toÿhis home country for two years or obtain a waiver. The wife is a legal permanent resident. We worked on getting the husband a waiver of the J-1 visa two year requirement based on the exceptional hardship claim that his wife and child will experience if he goes to China for two years. We filed the hardship waiver to USCIS on September 27, 2010. A DOS case number had already been obtained. On December 27, 2010 we checked online with DOS and found the case was recommended by DOS for approval. Attorney Margaret Wong worked on the case with the help of Brian Marek (paralegal). (Back to Top)

Indian Client Hardship Waiver Approved

We helped an Indian client obtain a J-1 waiver recently. She is married to a US Citizen who ran his own business as a woodworker, but had to close it down because of the bad economy. The alien entered the US on a J-1 for research and later met and married the US citizen. To avoid returning to her home country for two years to fulfill the residency requirement she wanted a waiver. We filed the hardship waiver discussing all the hardships the USC would face whether he stayed in the US without his wife or returned to India to be with her for two years. We filed on September 30, 2010 and it was approved on December 1, 2010. USCIS worked fast on this case. The clients were very pleased!!!! Margaret Wong worked on this case with the help of Brian Marek. (Back to Top)

Client's Case Approved after Prior Fraud

USCIS denied our client's application to obtain his Green Card due to prior fraud. USCIS found he was inadmissible due to the fraud and the fact that they denied his waiver request. We then appealed the waiver denial to the Administrative Appeals Office (AAO). The AAO agreed with us and granted the waiver based on extreme hardship that the United States citizen spouse would suffer should the applicant be required to return home. Thus, our client can now get his case approved since the sole ground for denial has been overcome. Scott Bratton handled the case. (Back to Top)

Waiver Approved Due to Hardships Endured by Client's Child

Our office recently obtained a 601 hardship waiver approval, which was filed on behalf of an individual who had entered the U.S. with improper documentation. This person had married a United States citizen and had a child. The approval was granted due to the potential emotional trauma that would be caused to the child through a separation from her parent. The financial hardships to this person's spouse were also a major consideration. It is now possible for this family to stay together in the United States. (Back to Top)

PREVIOUS ATTORNEY DENIAL NOW AN APPROVAL WITH MWW

We get many clients who work with other attorneys first before coming to us, which can often mean we have to correct mistakes or fight cases that are already in progress. One of our clients came to our firm after filing an I-601 A (wavier on the grounds of inadmissibility) with another attorney. It was denied, so we refiled the I-601, including more evidence than the previous attorney. We showed our client’s wife, who was a United States citizen, would suffer psychological hardship as well as financial hardship if her husband was deported. The wavier was approved, allowing the provisional unlawful presence of client and keeping the husband and his family together.(Back to Top)

FAMILY PLANNING POLICY ESCAPEE ARGUES HARDSHIP

Initially, our client came from China seeking asylum due to the family planning policy in China. He was facing deportation, so we filed an I-589 for asylum to protect our client from the penalties he would face in China. Due to the lengthiness of the asylum process, we filed for our client’s work authorization (I-765 form) to preserve his status in the United States. We have continued filing renewals yearly to ensure our client’s legality. Thankfully, his wife is a permanent resident in the United States and was applying for citizenship with the N-400 form. To avoid the asylum process, we filed an I-130 (petition for alien relative or spouse) with our client as the beneficiary from his wife’s Green Card. Because our client was still facing deportation proceedings, we filed an I-601A wavier on the grounds of inadmissibility. We argued the psychological and medical hardship our client’s family would face if he was deported. Our client’s I-130 petition was approved as well as the I-601A wavier giving our client the opportunity to apply for legal permanent residency!(Back to Top)