Wednesday, January 18th, 2017

AAO 212(i) Hardship Waiver Victory; Domestic Partnership Taken Into Account

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"Counsel notes that the applicant's domestic partner of 17 years will suffer emotional and physical hardship due to the applicant's inadmissibility.  However, the AAO may only consider hardship to a qualifying relative.  The AAO may give some consideration to the applicant's relationship as a family tie to the United States.  In this case, however, impacts to the applicant may not be considered except for the indirect impacts they have on qualifying relatives, in this case, the applicant's mother.  The AAO finds it reasonable to accept that the applicant's mother views her son's relationship with his domestic partner as a marriage, and it finds it equally reasonable to expect that she would experience an emotional impact due to her son being separated from his partner.  In addition, as discussed above, it is more than likely that the applicant's mother will experienced a greater degree of emotional hardship based on the particular