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Marinaxo09 Rookie

Marinaxo09   2

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Filed: AOS (pnd) Country: Mexico
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I am preparing to send my 601a waiver , but my lawyer seems to think I have no enough proof of extreme hardship. I am not sure what to think. my husband (petitioner) has no medical issues. Has anyone had their waiver approved without adding any medical hardships? If so what were your hardships. I just want to know if my lawyer is right or if I should look for another lawyer. Thanks everyone! 

Khallaf Proficient

Khallaf   650

Posted
Filed: IR-1/CR-1 Visa Country: Egypt
 Timeline
Posted
41 minutes ago, Marinaxo09 said:

I am preparing to send my 601a waiver , but my lawyer seems to think I have no enough proof of extreme hardship. I am not sure what to think. my husband (petitioner) has no medical issues. Has anyone had their waiver approved without adding any medical hardships? If so what were your hardships. I just want to know if my lawyer is right or if I should look for another lawyer. Thanks everyone! 

is your husband in our out of USA?

 

the 601A is for I-601A, Application for Provisional Unlawful Presence Waiver

 

has the beneficiary overstayed a visa or deported from USA?

Marinaxo09 Rookie

Marinaxo09   2

Posted
Filed: AOS (pnd) Country: Mexico
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Posted
2 minutes ago, Khallaf said:

is your husband in our out of USA?

 

the 601A is for I-601A, Application for Provisional Unlawful Presence Waiver

 

has the beneficiary overstayed a visa or deported from USA?

He is the petitioner. I am the beneficiary. I am in the United states and have unlawful presence, thus why I need the 601a waiver before going to the consulate interview in Juarez. I have not ever been deported. 

Khallaf Proficient

Khallaf   650

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Filed: IR-1/CR-1 Visa Country: Egypt
 Timeline
Posted
4 minutes ago, Marinaxo09 said:

He is the petitioner. I am the beneficiary. I am in the United states and have unlawful presence, thus why I need the 601a waiver before going to the consulate interview in Juarez. I have not ever been deported. 

is your husband a LPR or is he a USC?

Marinaxo09 Rookie

Marinaxo09   2

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Filed: AOS (pnd) Country: Mexico
 Timeline
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1 minute ago, Khallaf said:

did you arrive into the USA legally and overstay?

 

I assume you filed the normal AOS application in which case an overstay is forgiven for USC spouses.

 

how did you enter into the USA?

I was brought to the USA illegally when I was 1 year old. I filed a I-130 application that was approved and my lawyers said I have to file a 601a waiver for unlawful presence. I was brought in without inspection. 

Khallaf Proficient

Khallaf   650

Posted
Filed: IR-1/CR-1 Visa Country: Egypt
 Timeline
Posted
1 minute ago, Marinaxo09 said:

I was brought to the USA illegally when I was 1 year old. I filed a I-130 application that was approved and my lawyers said I have to file a 601a waiver for unlawful presence. I was brought in without inspection. 

so you are here with a green card on the DACA program I assume.

 

@geowrian I don't know if you are familiar with this program I am not, or direct her where to go.

 

I don't see any reason why you can't but I am not an expert.

 

 

 

geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)
20 minutes ago, Khallaf said:

so you are here with a green card on the DACA program I assume.

 

@geowrian I don't know if you are familiar with this program I am not, or direct her where to go.

 

I don't see any reason why you can't but I am not an expert.

Need to know if the OP is covered by DACA (or TPS), and from what age to when?

 

While under 18, one does not accrue unlawful presence.

While covered by DACA, one does not accrue unlawful presence.

As such, if somebody has DACA when they turn 18 until now, then there would be no bar and no need for a waiver. If there is a period of 180+ days of lapse in DACA coverage starting from age 18 until when you leave the US, then a waiver is needed for the bar that will be imposed upon exit form the US.  The I-601A would be best if that is the only issue and they are in the US now.

 

As for what qualifies as a sufficient hardship for an I-601A, I'll really have to defer to others and your lawyer, sorry. The I-601A approval rate is quite high, but there does need to be a case for an "extreme hardship".

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

trac3rt Explorer

trac3rt   64

Posted
Filed: IR-1/CR-1 Visa Country: Mexico
 Timeline
Posted
On 1/24/2019 at 12:27 PM, Marinaxo09 said:

I was brought to the USA illegally when I was 1 year old. I filed a I-130 application that was approved and my lawyers said I have to file a 601a waiver for unlawful presence. I was brought in without inspection. 

 

I am also on DACA and currently in the same process...

  • When did you first enter the US? And, did you ever leave the US and came back?
  • How old were you when you first entered the US?
  • How old were you when you received DACA?

Regarding the 601a waiver, you and your spouse really need to sit down and seriously consider how he/she would deal with it, if you had to leave the US for 10 years, or if he/she had to company you to your home country for 10 years. Consider the following:

  • Safety concerns
  • Family separation
  • Physiological factors (Get your spouse to go to a psychologist)
  • Language barriers?
  • Employment prospects?
  • What does your spouse do for a living? Can he/she do the same job in your home country? Would he/she make the same kind of money?
  • Loss of your income
  • Get letters of support from your spouse's friends and family
  • Other...

Every small reason will eventually add up to an "Extreme Hardship".

 

You should also consider getting a new lawyer.

 

Check out:

http://i2us.net/forum/showthread.php?115907-Examples-of-Approved-I-601A-Waivers-HSL

OKCgonzalez Rookie

OKCgonzalez   1

Posted
Filed: Other Country: Mexico
 Timeline
Posted
On 1/24/2019 at 11:30 AM, Marinaxo09 said:

I am preparing to send my 601a waiver , but my lawyer seems to think I have no enough proof of extreme hardship. I am not sure what to think. my husband (petitioner) has no medical issues. Has anyone had their waiver approved without adding any medical hardships? If so what were your hardships. I just want to know if my lawyer is right or if I should look for another lawyer. Thanks everyone! 

I filed a i601a waiver for my husband and it was approved.. (he was also brought here illegally at age 16, never deported)

We didn't have any medical issues either.

In Our case both of our families live here in the US so they all wrote letters too.  Some of his siblings are now USC, all of my family is. Their letters were stating how difficult it would be for Me to be separated from him.  My family wrote of how difficult it would be for us to be separated if I had to go to Mexico, and how that would divide our family, separate me from my parents and my sisters, nephews (etc.), and also my son would be separated from his grandparents, and family.

My husband and I both provided letters ourselves of the financial hardship, (proof with bills, mortgage, credit cards, loans) and wrote of the emotional hardship on myself and our son, if we would be separated from each other, and if I had to move to Mexico how difficult it would be emotionally to be separted from my family.'

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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