I-601 Waiver: Overcoming Prior Fraud Finding
Successfully obtaining a Green Card for a spouse who had a prior 'Marriage Fraud' finding from 10 years ago.
The Obstacle: Section 204(c)
The client, Mrs. K, had a petition denied 10 years ago with a finding of "Marriage Fraud." This is usually a permanent bar to approval.
The Hardship Argument
To overcome this, we filed an I-601 Waiver based on "Extreme Hardship" to her current US Citizen husband. We focused on his medical condition (Chronic Back Pain & Anxiety).
The Turning Point
We didn't just say "he will be sad." We documented that she is his primary caregiver—driving him to therapy, managing his medication, and providing physical support. We argued that if she were deported, he would be forced to choose between his country (and medical care) and his wife, an impossible choice that constitutes Extreme Hardship.