Case of U.M.

After many years of suffering physical and emotional abuse at the hands of her husband, U finally divorced him. She later met a US citizen, and after their relationship developed, he proposed to her. He then submitted a K-1 fiancée petition for her. After the approval, U attended her K-1 visa interview, but she was denied by a consular officer. The consul accused her of executing a sham divorce with her ex-husband and entering into a bogus fiancée relationship with the US citizen with a view towards gaining status in the US and later petitioning for her ex-husband. She was permanently barred from the United States under Section 212(a)(6)(C)(i). So when her US citizen mother applied to immigrate U, she was denied and required an immigrant waiver. We then undertook a Freedom of Information Act request with USCIS, obtaining consular materials which served as the basis for the decision of a “sham divorce”: past photos of the couple posted on social media. We then documented the abuse at the hands of her ex-husband; the bona fides and legitimacy of her relationship with the US citizen; and argued that she should not have been subject to the 6ci decision. In the alternative, we argued that her US citizen mother would be subject to extreme hardship in the event of denial of the I-601 waiver application. After approval, U was able to join her mother in the United States.