When a client’s adjustment of status application was denied due to prior unlawful presence, she turned to the Law Offices of Sabrina Li. Our team guided her through an alternative path to legal status, allowing her to remain in the United States with her family. We would like to share her story with you.
The client, a Mexican national, sought our assistance after filing a green card application sponsored by her U.S. citizen son, with the help of a notario. Unfortunately, her adjustment of status petition was denied following a USCIS interview, as she had not previously entered the United States with a valid visa over 20 years ago. She soon realized that the notario’s guarantee of 100% approval was merely a tactic to take her money, as her I-485 application could never have been approved under these circumstances. She then turned to the Law Offices of Sabrina Li to explore how to move forward with her case to obtain legal status and remain in the United States with her family.
Upon reviewing the case, our team recognized that our client would need to finalize her immigration process by applying for an immigrant visa at the U.S. consulate in her home country. However, leaving the U.S. would subject her to the unlawful presence bar. This bar, under U.S. immigration law, penalizes noncitizens who have been unlawfully present in the country for a certain period and then depart. Individuals who have accrued one year or more of unlawful presence are barred from re-entering the United States for ten years unless they obtain a waiver. Understanding this, we knew our client would require a waiver to avoid this ten-year re-entry ban and remain with her family in the U.S., which includes her spouse, children, and grandchildren. Keeping her family united was of the utmost importance to us as we guided her through this process.
The first thing our team noted was that corrective action needed to be taken for the case to move forward. Since our client filed the petition for alien relative indicating she would file for adjustment of status in the United States rather than at the consulate in her home country, our first step was to ask USCIS to send her case to the National Visa Center. Our request was successful and the case was sent to the National Visa Center to continue with our client’s consular case.
Our firm then began working on our client’s unlawful presence waiver. We assisted the client in carefully establishing that her lawful permanent resident mother would suffer extreme and unusual hardship if our client was forced to remain outside of the United States for ten years. We submitted evidence of her mother’s medical conditions, her financial, physical, and psychological dependency on our client, as well as the deplorable and dangerous conditions in her home country.
Despite our meticulous filing, USCIS sent a request for evidence (“RFE”) requesting additional information about the hardship to our client’s mother and our client’s immigration history. We again assisted the client in carefully responding to the RFE to avoid further delays in her case.
The client was absolutely thrilled when her waiver was finally approved after a long and hard fought case with USCIS!
The I-601A Provisional Unlawful Presence Waiver allows certain individuals who have been unlawfully present in the U.S. for 180 days or more and who must depart for a consular interview abroad to apply for a waiver of the unlawful presence bar before leaving the country. This waiver is mainly designed for immediate relatives of U.S. citizens or lawful permanent residents who need to obtain an immigrant visa through consular processing.
The purpose of the I-601A waiver is to reduce family separation by allowing applicants to seek the waiver while still in the U.S. If granted, they can travel to their visa interview and return to the U.S. without facing the 3- or 10-year re-entry bars that typically apply due to their unlawful presence. To qualify, applicants must demonstrate that their U.S. citizen or lawful permanent resident spouse or parent would experience extreme hardship if the waiver is not approved.
Sabrina Li, our founding attorney, is recognized by the State Bar of California as a specialist in immigration and nationality law. Under her leadership, our team of legal experts brings extensive experience to cases involving unlawful presence—whether it’s challenging findings, arguing exceptions, or applying for waivers.
If you or someone you know is facing a similar situation and needs the guidance of skilled professionals, the Law Offices of Sabrina Li is here to help. Contact us today at (213) 375-8096. Don’t hesitate to reach out—we’re here for you.
Our attorneys possess diverse immigration experience and have an in-depth understanding of the complex interplay between various immigration laws, policies, and regulations, ensuring accurate and comprehensive guidance. We offer a full range of immigration services, addressing all aspects of your case while identifying potential opportunities and challenges.
We provide a tailored approach to each client's case, ensuring that you receive individualized attention and a customized strategy for your unique situation. We adjust our strategy as your needs or circumstances change, guaranteeing a seamless transition between different phases of your immigration journey.
Our team is composed of immigrant and first-generation American professionals, along with individuals from various cultural backgrounds. Many of us have firsthand knowledge of the challenges faced during the immigration process. This allows us to provide guidance and advocacy rooted in authentic understanding.
