Our client, a citizen of Nepal, arrived in the U.S. on an F-1 student visa in 1998. In 2000 he was arrested for sexual assault and convicted of the crime. In 2003 he was arrested a second time for sexual assault, but that case was dismissed. Our client then married a U.S. citizen and had 2 U.S. citizen born children with her. Attorney Furqan filed our client’s adjustment of status application and prepared a waiver application based on Immigration and Nationality Law (INA) § 212(h), which allows for a waiver of crimes if the applicant can establish that his removal from the United States would result in ‘extreme hardship’ to his qualifying family member(s). On January 06, 2012, Attorney Furqan appeared with our client and his wife, in connection with their permanent residency interview, and argued the merits of case before the immigration officer. In light of the equities in the case and the arguments made, the officer decided not to require a waiver. Instead, the case was approved on March 01, 2012, officially making our client a lawful permanent resident of the United States.
