Hello,

I'm in the process of applying for my mother who resides in the states. Last May we had our INS interview and she was denied bc I would have had to apply for her before 2001. Immigration told us to resubmit the paperwork, but this time she would have to go to Juares, Mexico and get her Visa to re-enter the states. Well, it has been a year since that and in the process of trying to find out why it was taken so long I contacted an attny who stated that INS was going to denied her application and she would have to wait 10 years before her application is approved.

I understand that we have to file for a wiver, Does anyone know an attny that specializes in these cases? An attny near the San Bernardino County or Los Angeles County, CA Areas?

We are desperately looking for help, I'm affraind that we are going to receive her interview date anyday now and we don't know what to do.

Thank you for your help

L

What exactly is your mother's status? Is she currently illegal in the US? What kind of visa are applying for - mother of a US citizen?

The opportunity to adjust status in the US for illegal aliens expired in 2001 as you now know. After her denial in the US, what steps did you take? Was her approved petition fowarded to Ciudad Juarez and awaiting a visa interview date? Have you contacted Ciudad Juarez directly with her case number to ask about the status of her interview?

She will need a waiver to overcome the 10 year ban. The waiver is based on hardship to YOU, assuming you are the USC, if her visa is denied.

Start by reading the Extreme Hardship statement on the CDJ website:

http://ciudadjuarez.usconsulate.gov/wwwhcishardship.html

Then read through attorney Laurel Scott's memo on 601 waivers so you understand the kind of hardships and evidence required for the waiver: http://www.visacentral.net/I601Memo.pdf

Then arrange a telephone or email consult with attorney Laurel Scott - she will tell you exactly what you are facing, timing, approval rates, etc. She is in Texas which does NOT matter since immigration law is federal. She is by far the most experienced attorney handling waivers through CDJ.

http://www.visacentral.net/contact.html

Good luck.

Thank you for responding so quickly.

My mother's current status is illegal.

Applying for Mother of a US Citizen

Petition was forwarded to Juarez, Mexico and awaiting interview date. I have not been able to get thru and ask for the status. The number that I have is constantely busy.

I don't belive I would have a strong hardship case on me; however, I do have a 20 year old sister who lives at home with my mother, is a full time college students and depends on my mother emotionally and financially. In addition, my mother cares for one of my nephews who is 4 years old. Finaly, we have reason to fear for my mother's well being since she was a victim of domestic violence at the hands of my father who resides in Mexico.

Do yo know if any of these factors will help?

I will call Laurel Scott first thing on Monday.

Thank you,

Send an email to CDJ to ask if they can give you an estimate of her interview date. If you have the CDJ case number, put it in the subject line. If not, put the National Visa Center petition number if possible. cdjimmigrantvisas@state.gov

Yes - those hardships will definitely help. Once you read through Laurel's memo and talk with her, you will have a better understanding. Keep in mind that the hardship letter is factual - with evidence - and much less on the emotional issues. Also be sure to read about the pilot program for waivers http://www.aila.org/content/default.aspx?docid=22200 - rather than waiting one year for waiver approval, they are now processing in a matter of days. Luck is on your side!

Keep me posted!

Forgot to say - the best place for help on waivers and information on CDJ waivers is the 601 forum on www.immigrate2us.net.

By that, I presume you mean 'entered without inspection'. Waiver is what you would need, but hard to get since you need to show extreme hardship. That's hardship above normally expected hardship. Seems like you're just out of luck to me unless she is willing to remain outside the U.S. for 10 years.

Why would you say something like that and the lead the OP to believe he's "out of luck"? Ciudad Juarez has the second highest waiver approval rate in the world. Proof of extreme hardship to the US citizen is the requirement of the law. As long as the qualifying relative can prove those hardships, there is no reason to believe that the waiver will be denied and the OP has an excellent chance going through a consulate that has high approval rates and 2 day processing.

http://www.visacentral.net/I601Memo.pdf

Ciudad Juarez: Will approve most well-prepared waiver packets with evidence, but do not take this to mean the process is a mere formality. Your waiver packet must be well-prepared. The I-601 process is an excellent option for Mexican EWI clients... I recommend at least two to three well-supported Level 3 arguments before sending a client out of the country to attempt the I-601. Include evidence of the strength of the relationship. Decisions in as little as 48 hours under the Waiver Pilot Program.

http://www.ilw.com/articles/2005,1215-wheeler.shtm

...an approval rate of about 94 percent for I-601 waivers...He believes the majority of the waivers will be approved if they are well documented. The strongest waiver applications will include evidence of "much more extreme impacts," such as health-related factors. Emotional reasons could also be combined with financial considerations, loss of educational opportunities, familial and community ties in the United States versus those in the home country, long residence here, and other special factors.

Thank you,

This makes me feel a better. I will call the attny you recommended. I believe we may be able to put together a strong case with the help of a good attny.

Thank you,

I will keep you post it

deewridg - before you get your hopes too high: (I see you haven't read responses in your other thread) as far as I understand, there is NO waiver available based on hardship to USC/PR children! You'll have to find another way. By all means, consult a good lawyer (maybe you already have one).

It also says in the link provided by kitkat http://ciudadjuarez.usconsulate.gov/wwwhcishardship.html
"... result in extreme hardship to the United States citizen or lawful permanent resident spouse or parent of the applicant."

Yikes - I'm afraid Jula is right - I completely missed that.


The waiver is available for the fiance(e) of a citizen, the spouse of a citizen or permanent resident, and for the child of a citizen or permanent resident


Hopefully Laurel Scott will be able to guide you in right direction.

As I was reading the link again I noticed an inconsistency in their informaiton. When I read the spanish version it reads, La Aprobación de dicha solicitud requiere que, en caso de negarsele la entrada a Estados Unidos al Solicitante de dicho Perdón, esto provocaría severos problemas o dificultades extremas para el Ciudadano Americano o para el Residente Legal, como serian el ( )Cónyuge, ( )Padre, o ( )Hijo de dicho Solicitante. La Aprobación de dicho Perdón también requiere el ejercicio favorable y discrecional del Procurador General. Por consiguiente, todos los factores, a favor y en contra se evaluaran en cada caso.

Notice that in their spanish version is hardship to the Spouse, parent and son/daughter of the applicant. I belive we can make a strong case with my youngest sister. I hope.

I was not able to call the attny today. Ended up in meetings all day, but will call tomorrow. My mom met with a couple of attnys today and got conflicting information. One attny said that they will give her the visa bc it has been approved (after reviewing her paperwork) and the other attny said that she will be able to apply for a waiver (over the phone interview). We have a meeting with that same attny on Thursday. But I feel better about the attny you recomended and I will call her tomorrow.

thank you for all your support and help.

L

That does confuse the issue, because on the Spanish version they haven't clarified the different types of ineligibilities for the waiver.

http://www.visacentral.net/I601Memo.pdf

An Application for Waiver of Grounds of Inadmissibility is filed by an alien in the event that an alien has been denied admission to the United States. Different sections of INA § 212 allow for the application of a waiver of inadmissibility. Waivers must establish that a qualifying relative will suffer “extreme hardship” if the alien is not admitted. The qualifying relative can vary slightly. Some waivers require it to be established that “the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien,” in the case of INA 212(a)(9)(B(v) or “that the alien's denial of admission would result in extreme hardship to the United States citizen or lawfully resident spouse, parent, son, or daughter of such alien,” in reference to INA 212(h)(1)(B.

This appears to say that the qualifying relative in the criminal cases can be a daughter, but in illegal presence cases can only be a spouse or parent.

I'm sure Laurel will clarify for you - I also would NOT waste any time or money with the lawyer who said that they will give her the visa bc it has been approved. It hasn't been approved because she hasn't even interviewed. Only her petition has been approved and that is really simply a request to allow the applicant, your mother, the privilege of interviewing in the first place.

Good luck and keep us posted!