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Extreme Hardship

#1 jdelarosa

jdelarosa

    Newbie

  • Pip


Posted 28 March 2012 - 07:35 PM

I have been reading everything from the USCIS to VisaJourney and I would love it if someone could tell me how to prove extreme hardship and win the case. I've known people that have done it and won, but they don't like to go into specifics. I really need to know specifics in order to be able to win my case also. I will have to file an I-601 waiver of inadmissability for him entering illegaly but in order for him to come back quickly I need to prove extreme hardship. Well, every single one of us that live in the US know that if one partner is not able to work and help out with the family it makes daily life difficult. How do you show that to the USCIS?

Thanks for all of your help.
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#2 Penguin_ie

Penguin_ie

    Queen Penguin



Posted 28 March 2012 - 07:41 PM

*** Moving from K3- an obsolete visa type- to Waiver forum as our 601 experts are there ****
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Bye: Penguin
Posted Image
Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

#3 jdelarosa

jdelarosa

    Newbie

  • Pip


Posted 28 March 2012 - 08:27 PM

Thank you. I see how this is the best place for this question.
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#4 NigeriaorBust

NigeriaorBust

    igwe and lolo



Posted 28 March 2012 - 09:06 PM

The best thing is to go hang out as immigrate2us.net they are the visa experts for waivers and you will have tons of answers/help
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This will not be over quickly. You will not enjoy this.


#5 sandranj

sandranj

    Diamond Member



Posted 28 March 2012 - 09:55 PM

Let me clarify something here, family separation, financial inconveniencea nd desire to be reunited with family in the United States do not necessarily constitute extreme hardship. You need to show hardship if you have to leave the USA to join your husband in his home Country. You need to show the differences between the two Countries regarding health system,jobs,education,community ties,language,decline in standard of living,criminality, if you have a medical condition.

Show the high unemployment rate and wages in his Country, show that his home Country has a high rate of violence.If you don't have kids yet and want kids argument about infant mortality rate in his Country. Let them know you don't have absolutely no family in Mexico, and how close to both of your parents and siblings you are.If you want to keep studying or your kids study argument about the lack of educational opportunity.If you have debit let them know it will be almost impossible for you to pay your debit in USA with the income you or your husband will get in his home Country.

Tell them if they deny permission for your husband to join you in the USA you will be placed in an dilemma to leave the place where you were born and raised and you will be forced to leave behind your parents,siblings,friends, job,church etc to start a new life in a Country completely different from USA. Tell them and send reports about Mexico drug and gang related violence, kidnappings, police corruption, human trafficking etc..If you need help to draft the the waiver let me know.

In order for your husband to come back quickly you can ask to expedite the waiver, but you need to face urgent circumstances like an terminal illness, thank God is not your case, just for financial problems the USCIS won't expedite, despite you can try tho.

If you need some help fell free to email me sandrinhacv@hotmail.com

Peace

Sandra

Edited by sandranj, 28 March 2012 - 09:56 PM.

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#6 momof1

momof1

    Gold Member

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Posted 29 March 2012 - 04:27 AM

While I partly agree with much of the poast above, there is quite a bit more that I would like to add.

You will have to prove that it is an extreme hardship for you to go to MX to live with your spouse AND that it is an extreme hardship for you to remain in the US without him for the duration of his ban. No one is forcing you to leave so don't use that word in the wiaver preparation. I know it feels that way but the adjudicators don't take to kindly to that word. Extreme hardship is loosely defined as hardship above and beyond the normal hardship one is expected to experience during the prolonged separation from a loved one. Each case is unique and what demonstrates hardship for one may not necessarily do so for another.

Here are some ideas: Medical conditions that cannot be readily treated in MX due to poor medical condtions or lack of money. Loss of education/career opportunities in MX. Country conditions due to petty crime and narco violence---must be specifically related to you and not in general terms. This means that the specific state where your husband lives has violence specifically directed towards americans or a lack of jobs in that area. Mexico is a huge country...what happens in Ciudad Juarez isn't the same as what happens in Puebla. Loss of family ties in the US-relative who relies on your care and there is no other relative to help. Parent of child from previous relationship will not allow you to travel with child out of the country.

Husband is the sole provider or your bills are too much for you to cover on your own in his absence. You have an interned relative that your husband assists you in taking care of, loss of career/education opportunites because your spouse isn't here to take care of children, all of your family lives in the US, medical conditions that must be treated in the US and your spouse must help you by working or taking care of children so that you can get the care you need.

These are just a few ideas. Don't forget to argue both sides(why you can't stay or leave). Support every claim you make with satisfactory evidence. Use US govt sources(like travel warnings or country condition reports from travel.state.gov) because they are the most difficult for DHS to discount. Know all of your aggravating factors and minimize them where you can.

Most importantly, take a good honest look at yourself and your capabilities. While many file waivers pro se, without representation, through Mexico not everyone is qualified to do so. Do you like and are good at research? Can you write an extensive emotion-less term paper style packet? Do you really know what it takes to be approved? Do you know exactly what the process looks like? Are you aware of how long an approval takes? Do you know how long an appeal or other options take if you are denied? Are you clear on your spouse's entire immigration history? Any throwbacks? More than one unlawful entry?

It's a very huge and daunting task that should not be taken lightly. I suggest you at least consult with a lawyer to see where you stand.
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#7 beejay

beejay

    Bisdak akong bana!



Posted 29 March 2012 - 01:50 PM

The best thing is to go hang out as immigrate2us.net they are the visa experts for waivers and you will have tons of answers/help


Absolutely agree with this advice.

Get yourself to http://immigrate2us.net

The whole site is people going through the waiver process.
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