24 Oct 2012

AAO Hardship Waiver Victory; Adjustment Granted by USCIS

Russell R. Abrutyn writes: "I thought your readers might be interested in this AAO 212(i) hardship waiver decision.  The qualifying relatives were the applicant’s parents but the family member with the most significant hardship was the applicant’s niece.  The niece suffers from cerebral palsy and her mother, the applicant’s sister, was killed in an accident.  The AAO recognized that the applicant’s removal would cause hardship to his parents because they would then become the primary caretakers for their granddaughter, the applicant’s niece. The applicant is his parents’ only remaining child following his sister’s death.  Following the approval of the waiver by the AAO, the USCIS reopened and approved the adjustment of status applications filed by the applicant and the dependent family members." - Matter of X-, Aug. 8, 2012.