1. Legal Consultation Near Me New York | Case Background and Initial Legal Risks
The matter arose in New York when a foreign national mother of five U.S. citizen children sought permanent residence through marriage to a U.S. citizen spouse.
Although the family had deep roots in New York, the case was flagged during USCIS review due to allegations of misrepresentation and questions surrounding the validity of a prior foreign divorce.
A legal consultation near me was retained to assess exposure under federal inadmissibility provisions and to determine whether discretionary relief was legally available.
Family structure and urgency of lawful status resolution
The client was the primary caregiver for five U.S. citizen children, all enrolled in New York public schools, and fully dependent on her continued physical presence.
Any denial of adjustment would have resulted in prolonged family separation or forced relocation of minor U.S. citizens.
From the outset, the legal strategy emphasized family unity principles recognized under federal immigration policy while remaining fully compliant with New York based filing jurisdiction.
2. Legal Consultation Near Me New York | Identified Grounds of Inadmissibility and Statutory Analysis
USCIS issued two Requests for Evidence followed by a Notice of Intent to Deny, citing potential inadmissibility under INA § 212(a)(6)(C)(i) for alleged fraud or willful misrepresentation.
In addition, the agency questioned whether the client’s current marriage was legally valid due to discrepancies in documentation relating to a prior overseas divorce.
These issues required a legal consultation near me with experience handling both factual and discretionary components of federal immigration law.
Misrepresentation allegations under federal immigration law
The government alleged that inconsistencies in prior immigration filings could constitute willful misrepresentation of a material fact.
Counsel conducted a detailed record comparison demonstrating lack of intent, materiality, and reliance, consistent with Board of Immigration Appeals precedent.
This analysis was paired with sworn affidavits and contemporaneous records to rebut any inference of fraud under applicable federal standards.
Marriage validity and foreign divorce recognition
USCIS further questioned whether the prior marriage had been lawfully terminated under the laws of the client’s country of origin.
The legal team submitted expert declarations and civil registry evidence establishing that the divorce was valid and recognized for U.S. immigration purposes.
This step was critical to confirming the legitimacy of the current New York based marriage petition.
3. Legal Consultation Near Me New York | Waiver Strategy and Extreme Hardship Documentation
Given the procedural posture, counsel prepared a discretionary waiver under INA § 212(i), which permits relief where refusal of admission would result in extreme hardship to a U.S. citizen spouse.
The waiver strategy was built around New York–specific family circumstances, economic dependency, and the medical and educational needs of the children.
A legal consultation near me ensured that the waiver presentation aligned with both statutory requirements and USCIS adjudicatory trends.
Establishing extreme hardship to a U.S. citizen spouse
The waiver submission documented emotional, financial, and logistical hardship that would arise if the family were separated.
Evidence included employment records, psychological evaluations, and proof of sole caregiving responsibilities within the household.
The narrative was carefully structured to meet the heightened hardship standard required by statute and regulation.
4. Legal Consultation Near Me New York | Final Adjudication and Case Outcome
After submission of the comprehensive RFE, NOID, and waiver responses, USCIS approved the adjustment of status application without further inquiry.
The approval granted the client lawful permanent resident status, preserving family unity and legal stability in New York.
This case demonstrates how a properly structured legal consultation near me can resolve even the most complex admissibility challenges through disciplined legal advocacy.
09 Jan, 2026
