Immigration Judge Grants Case After Finding “Extreme Hardship

dreamstime_s_17948929Caring for a sick and elderly parent in a noble thing.  But when you enter the U.S. under an assumed name to do so, your actions have consequences regardless of your underlying motivation to be a dutiful daughter.  Fortunately, for this RMZD client, she was granted a waiver of her prior actions and issued a green card by a San Francisco Immigration Judge.

On February 19, 2016, an Immigration Judge in San Francisco granted lawful permanent resident status to “Ms. Vasques.” A#070-1XX-XXX (Name has been changed to protect our client’s privacy).  To be eligible to adjust, Ms. Vasques needed to obtain a waiver based on extreme hardship because she had made a willful misrepresentation to obtain an immigration benefit.

Ms. Vasques obtained a tourist visa using a different name to come to the United States in 1990.  She overstayed the authorized period in order to care for her sick parent who lived in the US.  Ms Vasques attempted to fix her immigration problems but fell victim to a scam when talking to an “immigration consultant.”  She did not know that she had been scheduled an asylum interview in 1995.  Because she had automatically been referred to Immigration Court when she failed to appear at the interview, she was ultimately ordered deported in absentia when she also failed to appear at the initial hearing at Immigration Court.

The Law Office of Reeves Miller Zhang & Diza (RMZD) reopened her case based on lack of notice from the Immigration Court in 2010.  A lot had happened in Ms. Vasques’s life while the case was pending.  She married the love of her life, had two beautiful children, and continued to care for her family.  Her United States citizen and permanent resident family members endured many hardships, which were developed into supporting evidence by RMZD’s lawyers to support her waiver application.

Although the Court had originally scheduled Ms. Vasques a hearing for 2019, Attorney Kwong of RMZD filed a motion to advance in December 2015.  The Judge granted the motion, and set the hearing for February 2016.  The pleadings were initially entered at a Master Hearing in 2011; however, a new notice to appear (NTA) with the correct factual allegations and legal charges had not been issued.  After The Department prepared an amended NTA, Attorney Kwong quickly pled to the allegations and charges.

Armed with the INA laws and regulations in one hand, and a well-prepared final submission of supporting documentation filed 30 days prior in the other, Attorney Kwong successfully persuaded the Court that the totality of circumstances warranted the grant of the waiver for Ms. Vasques’s misrepresentation.  As Ms. Vasques was otherwise eligible to adjust status, the government chose not to appeal the Judge’s decision.  At long last, Ms. Vasques received her green card.  She now lives happily with her family without constant worry about her immigration status, and looks forward to becoming a US citizen.