Patience is a Virtue by Vi Nanthaveth, Attorney

Last week brought a victory for us and if I’ve learned anything from this experience, it is that good things do come to those who wait…patiently.

The victory I am referring to is a waiver case that I inherited back in 2008. Like many of my waiver cases, this one required a lot of repair. My client is married to a U.S. Citizen. In 2002, he filed to adjust his status through his wife. Had he been approved, he would have received a green card. What he was unaware of was that he was not eligible to file for adjustment. As a result of this improper filing, he was removed from the United States and was told to apply at a U.S. Consulate in his home country. Since he had accrued unlawful presence in the U.S., this meant that he was subject to a 10 year bar and his only option was to file an I-601 waiver. He soon realized that filing a waiver was not a simple process. Unfortunately, he was denied and this resulted in many years of separation between him and his wife.

When his wife asked for my help, the couple had already been separated for six years. The only way they could see each other was for her to visit him. It was such a tragic story, but it was one that I hear quite often. After assessing the situation, I realized that there was hope for this family, but it was not going to be easy. I had to prove that his wife was experiencing extreme hardship and I had to start from ground zero.

For six months, I worked with his wife to gather documents. When I had finally gathered sufficient proof, I requested another interview for my client and then he turned in the waiver packet that I had prepared for him. Then the trouble began. First, the consulate delayed scheduling his interview. We had to ask Congressman McCaul’s office to get involved. After almost a year, he finally received his interview and turned in his waiver packet. I later got a notice that the consulate never received my written argument, which was included with the waiver. (This was basically their way of saying they lost it.) The worst news came when they finally sent us a denial notice for the waiver. What?! I had never lost a waiver case before (knock on wood). As baffled as I was, I had to come up with a game plan for my distraught client.

The game plan: file an appeal. The Service erred in its decision and I was ready to make my argument. After filing the appeal, it only took the Service two weeks to realize that they had made a mistake and overturn their previous decision. Finally, a break! After 8 years of living apart, my client will soon reunite with not only his wife but also their daughter. This is truly a happy ending.