AAO 212(h) Hardship Victory; Mexico; Drug Conviction

“The favorable factors in the applicant’s case include the extreme hardship his spouse would suffer as a result of his inadmissibility; his other family ties to the United States; the lack of any criminal record beyond the conviction for possession of marijuana, and, as attested to by numerous character references submitted on his behalf, the applicant’s attributes as a loving and supportive father and husband. The unfavorable factors in the applicant’s case include his illegal entry into the United States, his unauthorized employment and unlawful residence in the United States, and his criminal conviction. Although the applicant’s violations of immigration law and criminal conviction cannot be condoned, the positive factors in this case outweigh the negative factors.”

Source: lexisnexis.com

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