I-106 Waiver of Inadmissibility Appeal Sustained for Client of Attorney Jennifer A. Gutierrez

HOUSTON - Oct. 30, 2014 - PRLog -- On October 22, 2014, the USCIS Office of Administrative Appeals sustained an I-106 Waiver of Inadmissibility appeal based on unlawful presence for a client of immigration attorney Jennifer A. Gutierrez. The client had resided unlawfully in the United States from 1997 until he voluntarily left and returned to Mexico in 2011. By law, he was then inadmissible for reentry into the United States. His U.S. citizen spouse, however, was left separated from him as a result.

The client was originally deemed inadmissible based on unlawful presence. He had resided in the U.S. for one year or more and had sought admission within 10 years of the date of his departure, which by law is considered grounds for inadmissibility.

The Law Office of Jennifer A. Gutierrez built a strong case on the client’s behalf and made an appeal, arguing that the spouse would suffer extreme hardship as a result of relocation. The original appeal was denied because it did not show that the spouse would suffer extreme hardship as a result of separation.

Attorney Gutierrez built a stronger argument for the client and submitted further evidence to prove that the spouse had indeed been suffering extreme hardship as a result of separation. Evidence included the applicant’s spouse’s income and expenses; an affidavit from the applicant’s parents regarding the household expenses the spouse pays them every month; hospital discharge papers proving the spouse suffered from abdominal pain due to gall stones; and more.

The spouse argued that she was suffering from extreme emotional hardship due to separation, since she was very worried for her husband due to the dangerous area in which he is residing in Mexico. She also argued that she was suffering financially from his absence since he had contributed approximately 45% of their household income and, without his presence and financial contribution, she and her children were living below the poverty line. Evidence was provided to support all of this.

The Administrative Appeals Office, upon review of this evidence, stated that the applicant has met his burden and that the appeal is sustained.

The Law Office of Jennifer A. Gutierrez has many such success stories when it comes to immigration law and immigration defense. More information is available on the firm’s website at www.jenniferagutierrez.com.