I-601A Waiver

[Nely11 0]

Hello! i need help! i am typing hardship letter to hopes of keeping my husband with me. i uploaded the letter please let me know what else i can do or change please.

doc1.pdf

[TBoneTX 47,783]

Welcome to the forum!

 

Sorry about your trauma.  In general, the shorter such letters are, the better.  Others here may have specific suggestions.  I recommend that you get your letter reviewed by an attorney who has experience in filing waiver claims, or by an immigration-support service that has access to such an attorney.  If I think of one specifically, I'll send the information to you by private message.

[TBoneTX 47,783]

4 minutes ago, TBoneTX said:

private message

Check this.

[Boiler 47,773]

I am pretty familiar with I 601 not a's but I think of them as the baby offshoot.

 

Waivers are mainly matter pf presentation. 

 

My first comment is that it is a package, you need to evidence the statements you make, for example if there are security issues you need to evidence those with quality sources as attachments, if there are medical issues why they can not be obtained on Mexico. Financial could be an issue but not so much that he could not work, he still could, but presumably at a much reduced income.

 

I have to go but will have a think and respond later.

 

 

[appleblossom 4,747]

It seems far too wordy and emotional to me - I realise that of course it's mainly emotion based for you, but that won't get you a waiver. You need to give facts about the hardship and evidence to support that. So shorten it down, focus on the financial/medical hardship to the USC etc, and provide evidence of that to support your claim. 

 

If you can get a lawyer to help you with the application, I would. 

 

Best of luck. 

[Boiler 47,773]

This lady is my maven on waivers, so if you wanted to appoint a Lawyer I would start here:

 

https://www.scottimmigration.net/content/i601memo

 

She has a very good description in the link above as to what is the history, what is required and how to present it.

 

What you are trying to do is make the adjudicators job easy, well laid out and starting with the strong arguments first and working down to lessor ones, I do not know if they have a scoring system, but if I was the adjudicator and I like an easy life ,if I have seen enough quality points I would just scan through the rest as you have done your job.

 

Quote

Compelling arguments
(a) QR has a MAJOR medical condition (e.g. brain tumor, multiple sclerosis, cerebral palsy) which makes QR unable to move abroad and for which QR absolutely needs Alien in the US to help take care of him/her,
(b) QR is caring for an elderly, chronically ill, or disabled relative who needs constant care and whose condition is bad enough that QR either MUST live with the relative or QR MUST spend at least an hour a day assisting the relative with things like hygiene or physical therapy, and this makes QR unable to move abroad and makes him/her really need Alien in the US to help him/her care for his/her relative and manage his/her other responsibilities, or
(c) Alien's country is in a state of active war or major political upheaval .

Stronger arguments
(a) QR is the primary caregiver for his/her child(ren) from a prior relationship and the child(ren)'s other parent will not allow the children to be taken out of the country AND the child(ren) have formed an emotional attachment to Alien
(b) QR has a serious medical condition that makes it very difficult for QR to move abroad and QR needs Alien to provide help (e.g. QR needs to have major surgery sometime in the next year, with an expected recovery time of several months),
(c) QR is caring for a moderately disabled relative who normally can care for him/herself but occasionally has episodes in which he/she needs a lot of help from QR and during those times QR, in turn, needs help from Alien,
(d) a relative is unusually financially dependent on QR (e.g. QR's mother has just gone through a nasty divorce with QR's father in which she got nothing and because she has never worked, she doesn't qualify for social security, so QR is supporting her in the entirety for the rest of her life), or
(f) Alien's country is on the verge of major political unrest or negative political change or the country is known for oppression of one sort or another (e.g. QR is a Christian woman and Alien is from Saudi Arabia), or it is in the infant stages of post-war recovery.

 

Now you have an intro and outro, introducing yourself, explaining the situation, asking nicely for their consideration etc but the above is the meat.

 

You have an approved I 130 so you do not need to prove the relationship. Quick mention does no harm.

 

I have certainly seen much weaker cases approved, as I mentioned a lot of it is presentation, Compelling arguments involve less work.

 

I am from the UK so if I needed to file a waiver I certainly could put one together but my approach would be different to someone filing one from a Mexico perspective.

 

I am a firm believer that no waiver is impossible, some will require more work. I also believe the process is stupid, just involves time and money, if you want the money just charge a larger fee. It is what it is.

 

 

 

 

 

Edited Wednesday at 03:23 PM by Boiler