In the spring of 2009 a Dominican immigrant came to Mr.John Nicelli, who had already been married to a U.S. citizen. The problem was that the Dominican immigrant had been in the U.S. for many years and had traveled to the Dominican Republic after being illegally in the U.S. The purpose of his travel to the Dominican Republic was to bring his son to the U.S. whom had a heart defect.  He returned to Santo Domingo after years of being in an illegal status in the U.S. he applied for and obtained a Tourist Visa to enter the U.S.  He never informed the Consulate that he had been in the U.S. for the past six years illegally. The immigrant was not entitled to re-enter the U.S. due to his previous illegal presence. After evaluating the situation Mr. John Nicelli prepared waivers for Fraud and Illegal presence based on extreme hardship to the immigrants U.S. citizen spouse. Shortly after the interview the application for adjustment of status was approved and the waiver filed was granted.