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

Imagine leaving the United States to visit another country, only to be denied reentry because you are found inadmissible due to unlawful presence. That is exactly what happened to a client of Houston immigration lawyer Jennifer A. Lopez. Fortunately for the client, Attorney Lopez was able to build not one, but two strong arguments on his behalf that led to his I-106 Waiver of Inadmissibility appeal being sustained by the Administrative Appeals Office (AAO).

The applicant, together with the counsel of Attorney Lopez, originally appealed his inadmissibility by arguing that his spouse would suffer extreme hardship due to relocation. His appeal was denied based on lack of evidence that his spouse would suffer extreme hardship due to separation.

Attorney Jennifer Lopez then helped him to gather and submit additional evidence to prove that his spouse would suffer—and already had been suffering—extreme hardship due to separation. The spouse argued that she was suffering from emotional hardship and anxiety because she was worried about her husband, who was living in a dangerous area in Mexico. As a result, she had developed gall stones. She was also suffering financially from his absence, since he had contributed around 45% of their household income before he visited Mexico.

The additional evidence that was submitted included:

  • Hospital discharge papers showing that his spouse had suffered from abdominal pain due to gall stones caused by anxiety
  • Documentation of the spouse's income and expenses proving that she and her children lived under the poverty line, that she was unable to afford surgery to remove her gall bladder, and that she could not afford to visit her husband in Mexico

Upon review of this further evidence and documentation, the AAO sustained the appeal on October 22, 2014.

View the final AAO decision by clicking here.

Read our press release on the issue by clicking here.

Need a Waiver of Inadmissibility in Houston?

Contact Lopez & Rhodes immediately to learn how attorney Lopez can protect your rights and help you be reunited with your family. Call now at (832) 514-4879. Se habla español.