Waiver success stories do happen! My clients were a United States citizen husband married to a Jamaican citizen/national and they had a child together born in the United States. Prior to her marriage and birth of their son, she committed misrepresentation by entering the United States on a fraudulent passport. This act immediately placed her in removal proceedings before an Immigration Judge and she was eventually ordered removed back to Jamaica. However, like most foreign nationals who are ordered deported, she did not leave right away. A few years passed and after marrying her husband and having their child Immigration and Customs Enforcement (ICE) finally caught up to her and with no relief available at that moment, she was forced to return back to Jamaica.
The United States citizen husband came to my office to see what could be done. I explained to him the length of this process (over a year and a half) and that we needed patience and time to get this done but that it was definitely doable. I advised him that we would first have to file and get approved the alien relative petition, which took about 6 months. Once approved we could file both hardship waivers necessary to bring her back (one hardship waiver of inadmissibility because she entered the US with misrepresentation and another waiver for her order of removal). Their son had severe asthma and Jamaica is very dusty country, so we were able to successfully argue the medical hardship involved for the United States son should they have to move to Jamaica to be with her. After about 8 months both waivers were granted. The file continued processing at the National Visa Center which took about another 4 months and then transferred to Kingston, Jamaica, which took 2 months, where she picked up her immigrant visa and came to the United States on her permanent resident status (AKA-greencard).
