Hoping I'm Making the Right Decision

[2Complicated 0]

Unfortunately, my fiance was denied his visa last week. However, on his denial paper, it is checked that he is eligible for a waiver. The embassy also gave him a few papers about the hardship letter that I will need to provide. I've been researching waivers ever since and have been freaking out. Several people use lawyers for the waivers. My Congressman suggest I did not use a lawyer, and just work through his office. I'm kind of worried about that. I just finished writing the hardship letter and posted it on immigrate2us.net website, so I can hopefully get suggestions. Does anyone have experience with this? Do I REALLY need a lawyer? Thanks for any advice.

[canadian_wife 1,785]

There is no way I would approach a waiver without a lawyer, specifically since it is MUCH more than a simple letter.

Good luck

[Canadian in GA 34]

Hey! well I am not saying "don't use a lawyer" but there is many people on here, including myself, that did not use a lawyer, and got approved. if you don't, you will need to research ALLOT! and provide as much info as you can! my husband and I applied for the I-601 waiver back in Dec, and got approved last week. it is a headache, and allot of work, and the lawyer can do all the work for you, but I also heard horror sotries about lawyers messing it up.

Its really up to you, if you feel like you need one, then I suggest you get one, but myself, I was able to do one without one!

PM me if you need any help and suggestions with the things I put in my packet.

good luck!

[2Complicated 0]

There is no way I would approach a waiver without a lawyer, specifically since it is MUCH more than a simple letter.

Good luck

Well, my letter can be viewed at http://immigrate2us.net/forum/showthread.php?99036-Please-review-my-letter.-Any-advice-is-appreciated. Maybe you can check out my letter when you get time and give some suggestions?

Edited June 23, 2011 by 2Complicated

[canadian_wife 1,785]

http://www.visajourney.com/forums/topic/316-how-do-i-prove-extreme-hardship/

have you seen post #2 of this link? It seems to me (which I honestly read it quickly) that you have level 4 and 5 arguments. Can you look at the link and then maybe come up with some other evidences/arguments?

This is what a lawyer is great at, finding hardships!

Good luck

[Sergi9 110]

Hey! well I am not saying "don't use a lawyer" but there is many people on here, including myself, that did not use a lawyer, and got approved. if you don't, you will need to research ALLOT! and provide as much info as you can! my husband and I applied for the I-601 waiver back in Dec, and got approved last week. it is a headache, and allot of work, and the lawyer can do all the work for you, but I also heard horror sotries about lawyers messing it up.

Its really up to you, if you feel like you need one, then I suggest you get one, but myself, I was able to do one without one!

PM me if you need any help and suggestions with the things I put in my packet.

good luck!

TOTALLY DIFFERENT BALL OF WAX, filing an in-country waiver while you are not separated from your family... IMHO.

As for Level of Arguments.... this work was essentially stolen from Hake Hardship Scale. Google Hake Hardship Scale if its not in the Research links here, and read the article carefully. While he is talking about a J waiver, the standard is "exceptional hardship" which is even more difficult than "extreme hardship". The principle is the same. Evaluate your hardships and articulate them in a way the adjudicator can say YES>

I did read your HSL and it needs work, actually a lot of work and it would not hurt you to speak with an attorney if you feel you cannot do the research or grasp the concept.

And lastly WHY he needs the waiver is key... if its criminal hardships must be more severe and you need to do a lot of work to develop "mitigating" circumstances and spell them out.

Edited June 23, 2011 by Sergi9

[Sergi9 110]

Here is the Hake Hardship Article

[elya 17]

I read your letter. Don't forget you not only have to prove that it would be extremely hard for you to move to Panama, but also that it would be extremely hard for you to stay in the U.S. without your fiance. (which means in some way a more significant hardship than the one any person would experience due to being separated from the one they love). I also agree with the above comments that your hardships are quite low on the scale. I would go for a lawyer on this one to see if you want to have any chance at success. From outside the country getting a waiver is not an easy feat. Unless your congressman's aide has already had success with the same embassy for a waiver for the same type of thing, don't take their word for it that they can help you - if it will be their first or one of very few times dealing with an embassy they may be surprised by how little clout they actually have there.

[Sergi9 110]

I read your letter. Don't forget you not only have to prove that it would be extremely hard for you to move to Panama, but also that it would be extremely hard for you to stay in the U.S. without your fiance. (which means in some way a more significant hardship than the one any person would experience due to being separated from the one they love). I also agree with the above comments that your hardships are quite low on the scale. I would go for a lawyer on this one to see if you want to have any chance at success. From outside the country getting a waiver is not an easy feat. Unless your congressman's aide has already had success with the same embassy for a waiver for the same type of thing, don't take their word for it that they can help you - if it will be their first or one of very few times dealing with an embassy they may be surprised by how little clout they actually have there.

Congressmen have ZERO clout with Embassy and even less with USCIS. The waiver is adjudicated by USCIS not the Embassy. There is not a reason to contact a Congressman on a waiver unless there is clear legal error on the Embassy part, and then all they can do is make an inquiry and hope for a response.

[advocator 0]

I read your letter and replied on immigrate2us.com. I agree with the previous posts recommending a lawyer. It will be worth the money just to pick his/her brain on what other hardships you might have.

[2Complicated 0]

I've got some consultations lined up for next week.