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bdesj

Hardship waiver petitioner/affected USC

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Hi, all.  Situation first, then my question.  A friend and her USC husband are getting ready to petition for GC based on marriage.  They already know they will need a waiver due to many years of unlawful presence.  Friend has full custody of her12 YO son from a former husband (current husband, ex, and son all born USCs).  Friend and her Ex never attempted to get residency, and as far as I know, unlawful presence is the only inadmissibility against her.  They are using a local legal office for help, but I`m skeptical about the way it sounds like they are going about it- not sure whether their legal help is sub par, or whether I am out of line (very rusty because my own waiver and immigration battles are long in the past).  Apparently, they are planning to file for a waiver due to extreme hardship to her petitioning spouse.  The way I look at it, they can make all the standard arguments there and cross their fingers, but the enormous hardship would be to her minor USC son who has grown up in a nearly 100% English environment in the US and whose father would never agree to his moving out of country.  Although Friend has full custody, the boy does maintain a relationship with his father.  But the visa petition is for marriage to her current husband, not somehow due to being mother of a USC (not sure how "parent" visas even work).  Big question:  Is it possible for the beneficiary of the waiver to be different from the petitioner for the visa?  In other words, for Friend and Hubby to request GC based on marriage, but the waiver for hardship imposed on Minor Son?  I have already had my share of immigration and am trying to stay out of this for the most part, but don`t want to see things go wrong for our friend, and REALLY don`t want to see her separated from her son.  I have at least passed on some links for them to review and will suggest more strongly that they look into different legal counsel if it sounds like I`m not barking up the wrong tree.  Thanks!

 

On a side note, I had not heard of the new 601a program.  Cool beans!  My wife and I were separated for over a year while we waited for a decision on our 601, and it sounds like we would have been eligible for in-country processing had that been available at the time.  I`m glad that a lot of couples can now avoid that part of the process.  Also very sorry to see i2US off the air : (

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A child has to be over 21 to petition a parent but no waiver possible.

 

Other hardships can be taken into account but sounds like the normal procedure is being undertaken, not that hard to put together a good waiver.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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17 hours ago, bdesj said:

 I have at least passed on some links for them to review and will suggest more strongly that they look into different legal counsel if it sounds like I`m not barking up the wrong tree. 

16 hours ago, Boiler said:

Other hardships can be taken into account but sounds like the normal procedure is being undertaken,...

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Woof!

Okay, I`ll chill out and let them run their course.  Thanks for reading and taking the time to comment, Boiler.

Edited by bdesj

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