Successful I-601A Despite Criminal Record


  • Applicant: Mr. Gutierrez
  • Nationality: Mexico
  • Case: I-601A, Application for Provisional Unlawful Presence
  • Processing Time: 5 Months
  • Challenges:
    1. Spouse had 3 Children from Previous Marriage (1 Deceased from Sudden Infant Death Syndrome)
    2. Applicant Suffers from Permanent Knee Damage due to Severe Hit-and-Run Car Accident
    3. Applicant was Convicted of One Misdemeanor



Mr. Gutierrez had accrued 20 years of unlawful presence in the United States by entering without inspection from Mexico. Mr. Gutierrez had been married to his U.S. Citizen spouse, Mrs. Gutierrez for 4 years after dating for 12 years. Mr. and Mrs. Gutierrez had one child together, and Mrs. Gutierrez had 3 other children from a previous marriage, one of whom died from Sudden Infant Death Syndrome. Mr. Gutierrez took upon the role of a step-father to the 2 living children. Mr. Gutierrez suffered from permanent knee damage, due to a severe hit-and-run car accident where he lost his best friend. Mr. Gutierrez was also convicted of one misdemeanor due to failure to pay a fine involving routine vehicular operator violations, and was sentenced to 7 days of jail time.



During our strategy session, we discovered that Mrs. Gutierrez had suffered from a past history of trauma—the death of her baby from Sudden Infant Death Syndrome, the abuse from her ex-husband, and the sexual molestation by her Uncle. These painful events had irrevocably scarred her for life. We demonstrated that Mr. Gutierrez’s love and support was a major source of support for Mrs. Gutierrez that would devastate her if lost. By doing so, we not only proved extreme emotional hardship to Mrs. Gutierrez, but we established Mr. Gutierrez’s outstanding moral character as a pillar to his family.

Beyond emotional hardship, we demonstrated family, financial, and medical hardship. We also established that the Mexican drug war posed a real threat to Mr. and Mrs. Gutierrez. Furthermore, we proved that Mr. Gutierrez’s misdemeanor conviction did not render him inadmissible.



Mr. Gutierrez’s I-601A waiver was accepted and approved within 5 months.

*Name has been changed to protect client identity

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