Can someone dumb this down for me

[JackCasillas 3]

In order to earn an approval of the waiver the individual must demonstrate that the conviction in question occurred more than 15 years before the date of the application for adjustment of status, the admission of the individual would not be contrary to the national welfare, safety, or security of the United States, and that the individual has been rehabilitated. Alternatively, if less than fifteen years have elapsed since the date of conviction, the individual will have to prove that the denial of the waiver would result in extreme hardship to the individual’s spouse, parent, son, or daughter. Note that the spouse, parent, son, or daughter in question must be a Lawful Permanent Resident or a U.S. Citizen.

[Boiler 45,657]

In Immigration speak that is pretty straightforward, might be best to explain your situation, also K3's have effectively been dead for a long time.

[JackCasillas 3]

I’m applying for my waiver i601 but it’s only been 14 years since my record happened. So is that a denial unless I can prove extreme hardship?

[Boiler 45,657]

Usually where waivers are involved people have Lawyers, have you a Lawyer, has  a a lawyer reviewed your case?

[JackCasillas 3]

Yes I have a lawyer and it’s going according to plan, I knew I was going to be denied on first interview witch still sucks, and his saying that the waiver should go through (if he was able to prove hardship). But i have all this free time in Mexico I figured i could looked aroun the web to find similar cases to stay positive.

[Boiler 45,657]

Lots to read on here.

[JackCasillas 3]

Yeah but yet to find a similar case with a good outcome.

[KeratNY 76]

13 hours ago, JackCasillas said:

In order to earn an approval of the waiver the individual must demonstrate that the conviction in question occurred more than 15 years before the date of the application for adjustment of status, the admission of the individual would not be contrary to the national welfare, safety, or security of the United States, and that the individual has been rehabilitated. Alternatively, if less than fifteen years have elapsed since the date of conviction, the individual will have to prove that the denial of the waiver would result in extreme hardship to the individual’s spouse, parent, son, or daughter. Note that the spouse, parent, son, or daughter in question must be a Lawful Permanent Resident or a U.S. Citizen.

Have you actually applied for K3 visa? I hope not, it is effectively dead, because the the CR-1 visa (or IR-1 if your marriage is more than 2 years old) is similar but once the spouse enters the U.S., s/he enters as a Resident and he does not have to file (or pay for) an I-485 nor have to attend an additional interview. He just gets his green card in the mail a few weeks later.

[JackCasillas 3]

We applied for IR-1 and got denied at interview and waiting on I601 for a simple possession of marijuana 14 yr ago 

[Going through 5,671]

18 hours ago, JackCasillas said:

I’m applying for my waiver i601 but it’s only been 14 years since my record happened. So is that a denial unless I can prove extreme hardship?

Pretty much, yes, unless the timing works out in your favor.

 

Also note that it's not really you that must prove extreme hardship---the qualifying US relative is the one that needs to prove extreme hardship on themselves in the face of a denial.  What sort of evidence did your lawyer submit?

[JackCasillas 3]

I have a wife 3 kids 10,9 and 5 a house

[EM_Vandaveer 2,408]

1 hour ago, JackCasillas said:

I have a wife 3 kids 10,9 and 5 a house

That's great but what needs to be proven is that they cannot move to Mexico to live with you because that would cause them extreme hardship.

[KeratNY 76]

1 hour ago, JackCasillas said:

I have a wife 3 kids 10,9 and 5 a house

Unfortunately emotional issues from seperation is not enough for a hardship waiver

[Going through 5,671]

5 hours ago, JackCasillas said:

I have a wife 3 kids 10,9 and 5 a house

If that's all your lawyer submitted---like just property ownership details and birth certificates of children---not much to go on.

A hardship waiver is to show an absolute NEED for the foreigner to live in the US...in other words, there would be extreme hardship on the USC to move to Mexico, plus extreme hardship on the USC (ie. financially/medically) if you were not admitted to the United States to live here.

 

Financial records, affidavits from others involved in the daily lives of your spouse/children (ie. their teachers saying how it would affect the children), letters of good character, poor economic conditions in the foreigner's country that would prevent the USC from finding employment, or loss of benefits, etc. help as well.

 

 

This sticky thread is pretty informative of the types of evidence people normally submit...hopefully the lawyer you are using touched on these points where applicable to your situation:

 

 

[ARAO 5]

Hi, did you apply for a I601A prior to your interview in CDJ?