Proof of hardship required? 212(a)(6)(E)(i) inadmissibility waiver under INA 212(d)(11)

[hoverb 0]

Hello, 

 

We are currently completing the I-601 Application for Waiver of Grounds of Inadmissibility ourselves without a lawyer. We are filing as a US citizen for my mother as an immediate relative immigration visa. She was denied her visa due to 212(a)(6)(E)(i) smuggling her first born son to the US over 30 years ago. We are completing the i-601 waiver form and seeking a waiver under INA Section 212(D)(11). Part 5 of the I-601 form is asking for information about a qualifying relative and also for a statement of extreme hardship; however, INA Section 212(D)(11) doesn't mention the need to show extreme hardship to a qualifying relative as it does for other waivers (below is the language for the waiver). Has anyone had experience with this and provide some help on how to complete these specific sections of the form? Is a qualifying relative required? Do we have to document some type of "extreme hardship" for this type of waiver request even though the waiver language doesn't mention it? I don't want to leave the areas blank for it to be returned as incomplete but I am not sure what to fill in. 

 

Any help would be appreciated! 

 

 

INA 212(D)(11) states that: The Attorney General may, in his discretion for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest, waive application of clause (i) of subsection (a)(6)(E) in the case of any alien lawfully admitted for permanent residence who temporarily proceeded abroad voluntarily and not under an order of removal, and who is otherwise admissible to the United States as a returning resident under section 1181(b) of this title and in the case of an alien seeking admission or adjustment of status as an immediate relative or immigrant under section 1153(a) of this title (other than paragraph (4) thereof), if the alien has encouraged, induced, assisted, abetted, or aided only an individual who at the time of such action was the alien's spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.

[trac3rt 63]

You need a lawyer.

[millefleur 5,037]

If you need a pro bono lawyer to help, here is a list by state of some you can contact:

https://www.justice.gov/eoir/list-pro-bono-legal-service-providers

[Family 3,483]

On 4/5/2022 at 11:34 PM, hoverb said:

are completing the i-601 waiver form and seeking a waiver under INA Section 212(D)(11). Part 5 of the I-601 form is asking for information about a qualifying relative and also for a statement of extreme hardship; however, INA Section 212(D)(11) doesn't mention the need to show extreme hardship to a qualifying relative as it does for other waivers (below is the language for the waiver). Has anyone had experience with this and provide some help on how to complete these specific sections of the form? Is a qualifying relative required? Do we have to document some type of "extreme hardship" for this type of waiver request even though the waiver language doesn't mention it? I don't want to leave the areas blank for it to be returned as incomplete but I am not sure what to fill in. 

Put yourself/petitioner as the qualifying relative in part 5. For statement of hardship write “ See Attached Statement of Hardship “. 

Although you do not need to show “extreme hardship “ which is either medical diagnosis or psychological treatment/ evaluation..you do need to document the waiver . 

Assuming mom has no ULP bars ( either she stayed out for 10 yr or went w I-601 A that was revoked).

Your Statement of Hardship should include Financial and Emotional Hardship, and paint a picture of the Hardship if you moved to Mexico and Hardship you face if mom is not allowed to return, country conditions, pandemic risks of traveling and cost of travel for u, husband and kids for a weekend visit.

Lots of Letters of Support for mom ( notarized) from family/friends/church 

Your Taxes , 3 months bank statement , bills .

 

 

 

[Bengalita 12]

Hi. Did you ever get this worked out?  Did you use a lawyer?  Or did you do it by yourself?

 

[TBoneTX 43,062]

Old thread is closed; the OP hasn't logged on to VJ since April 2022.  If you have a question, feel free to start a new thread.