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Barrera Legal Group is proud to announce another complex immigration victory. Our client received an RFE from USCIS after filing her Adjustment of Status (I-485) based on Military Parole in Place (PIP) through her U.S. citizen daughter, who honorably served in the U.S. Armed Forces. USCIS alleged that she was inadmissible due to smuggling, claiming she helped her own daughter enter the United States many years ago.
Upon hiring our firm, we immediately developed a strategy focused on two key points:
1. Eligibility for the INA 212(d)(11) Humanitarian Waiver
We demonstrated that, under the law, she qualified for this limited waiver because the only person she ever assisted was her own child, a fact specifically recognized by Congress as waivable under INA § 212(d)(11).
2. Hardship to Her U.S. Citizen Husband
Our team prepared a detailed hardship package showing that her removal or denial of residency would cause severe emotional, financial, and medical hardship to her U.S. citizen spouse.
Thanks to this comprehensive approach, USCIS approved the waiver and then approved the I-485, granting her lawful permanent residency.
This case is an important reminder that families facing allegations of smuggling—especially when the only person assisted is a child—may still qualify for relief and a path to residency.
