Thursday, December 18, 2008

I-601 Victory at AAO

"The adverse factors in the present case are the convictions for which the applicant seeks a waiver. The favorable and mitigating factors in the present case are the extreme hardship to the applicant's spouse and children if the applicant were refused admission, her otherwise clean background, and the applicant's spouse's and children's significant ties to the United States. The AAO finds that, although the criminal convictions of the applicant are serious and cannot be condoned, when taken together, the favorable factors in the present case outweigh the adverse factors, such that a favorable exercise of discretion is warranted. Accordingly, the appeal will be sustained." Matter of X-, Apr. 25, 2008.

http://www.uscis.gov/err/H2%20-%20Waiver%20for%20Excludability/Decisions_Issued_in_2008/Apr252008_01H2212.pdf