Department of Homeland Security Makes Marriage Waiver Decision

A USCIS, Department of Homeland Security appeal decision has granted a waiver of the 10-year bar to admission into the U.S. The applicant is a native of Lebanon who is married a U.S. citizen spouse. However, he had overstayed and resided in the U.S. in an illegal status previously and was subject to the 10-year bar to admission.

His U.S. Citizen spouse filed an I-601 waiver of that 10-year bar on his behalf claiming that extreme hardship will result to her if he is not permitted to reunite with his family in the U.S.

In granting the appeal, the Administrative Appeal Office (AAO), relied on the following factors to rule that the waiver should be granted: the presence of a lawful permanent resident or US citizen family ties to this country, the qualifying relative’s family ties outside the US, the conditions in the country or countries to which the qualifying relative would relocate and the extent of the qualifying relative's ties in such countries, the financial impact of departure from this country, and significant conditions of health, particularly when tied to an unavailability of suitable medical care in the country to which the qualifying relative would relocate. pdf[Review the Entire I-601 Marriage Waiver Decision..]