Mr. Lee's Article "Unpublished I-601 Waiver of Fraud Decision Counts China Family Planning Policy Fears and Country's Poor Healthcare as Important Factors in Approving Case." as published in World Journal on May 16, 2010

By Alan Lee, Esq.

In the non-precedent I-601 decision (A97 649 625) that Alan Lee, Esq., just received from the Administrative Appeals Office (AAO) of U.S.C.I.S. dated April 2, 2010, the Appeals Board of U.S.C.I.S. approved the waiver of fraud based upon extreme hardship to the permanent resident mother in which important factors were considered the fear that the mother had of her daughter suffering under China's one child policy upon return because of her two U.S. citizen born children and that China's health-care system was not adequate for the mother's needs.  The I-601 was occasioned by fraudulent entry and the only qualifying relative was the applicant's LPR mother.  In discussing hardship factors including the mother's complete dependence upon the applicant and the mother's numerous health problems, the AAO placed emphasis upon her concern that the applicant with two children might be punished for violating China's one child family planning policy (as another of her daughters in China had been punished) and cited the latest U.S. Department of State Country Reports on Human Rights Practices for China (3/11/10) as corroboration for the mother's concern. On the mother's concern that she would not receive quality medical treatment in China if she returned with the applicant, especially as her husband had died prematurely due to substandard medical care in China, the AAO  referenced the publication, Country Specific Information-China, U.S. Department of State (12/31/09), to confirm the current state of substandard medical care in China. On finding extreme hardship, the AAO weighed the equities and sustained the appeal after finding that the favorable factors outweighed the unfavorable ones.  [Please click here for the text of the decision.]   

 


The author is a 30+ year practitioner of immigration law based in New York City. He was awarded the Sidney A. Levine prize for best legal writing at the Cleveland-Marshall College of Law in 1977 and has written extensively on immigration over the past years for the ethnic newspapers, World Journal, Sing Tao, Pakistan Calling, Muhasha and OCS. He has testified as an expert on immigration in civil court proceedings and was recognized by the Taiwan government in 1985 for his work protecting human rights. His article, "The Bush Temporary Worker Proposal and Comparative Pending Legislation: an Analysis" was Interpreter Releases' cover display article at the American Immigration Lawyers Association annual conference in 2004, and his victory in the Second Circuit Court of Appeals in a case of first impression nationwide, Firstland International v. INS, successfully challenged INS' policy of over 40 years of revoking approved immigrant visa petitions under a nebulous standard of proof. Its value as precedent, however, was short-lived as it was specifically targeted by the Administration in the Intelligence Reform Act of 2004.

This article 2010 Alan Lee, Esq.

 

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