Viviana*, a Peruvian national, came to our office after receiving a letter from USCIS denying her residency application based upon her marriage to a U.S. citizen. Viviana informed our office that she had not appeared at her second residency interview because she had separated from her husband and her marriage was over. Soon after, she received a Notice to Appear at the Miami Immigration Court for removal proceedings. She was extremely scared to return to her native Peru because she is HIV+ and feared that she would not be able to access high-quality medical treatment there. She also has an 11 year old daughter who was born in Florida as a U.S. citizen and who suffers from serious health problems as well Viviana was concerned that her daughter would not adapt well to Peru.
Because Viviana has lived in the U.S. for more than ten years, had no criminal record, and has a qualifying relative – her 11 year old daughter, she was eligible to apply for Non-Lawful Permanent Resident Cancellation of Removal and Adjustment of Status in her court proceedings. At her court hearing, our office was able to prove that Viviana’s 11 year old daughter would suffer exceptional and extremely unusual hardship, a very high burden of proof, in the event of Viviana’s deportation to Peru. We demonstrated that the combination of Viviana’s family ties to the U.S., lack of family or financial support in Peru, lack of access to adequate medical treatment in Peru in conjunction with her HIV status and her daughter’s severe asthma rose to the level of exceptional and extremely unusual hardship.
We are happy to announce that Viviana received her lawful permanent residency at the hearing and may remain in the U.S. where she can continue to have access to high-quality medical treatment for her HIV and live a happy and healthy life with her family.
*Please note that the client’s real name has been changed for her confidentiality.