Page 1 of 2 12 LastLast
Results 1 to 10 of 12

Thread: Tips for a waiver of inadmissibility extreme hardship letter!

  1. #1
    Newbie
    Points: 1,794, Level: 17
    Level completed: 22%, Points required for next Level: 156
    Overall activity: 0%
    Achievements:
    1 year registered1000 Experience PointsNew Achievement!

    Join Date
    Sep 2009
    Posts
    42
    Points
    1,794
    Level
    17
    Thanks
    73
    Thanked 0 Times in 0 Posts
    Time Online
    4 Hrs 30 Mins 42 Secs
    Avg. Time Online
    9 Secs
    My Mood
    Stressed

    Red face Tips for a waiver of inadmissibility extreme hardship letter!

    Hi, i'm going to satrt my process to get my greencard through marriage. I been married for almost two years and i have to prepared a waiver of inadmissibility letter becausei overstayed my I-94 for more than 365 days. Right now i'm not working because i'm waiting for my permit to work. me and my wife have a lawyer here in the Boston area. I would appreciate if one of you guys can help me with some advice about what to do and what not to do when you are preparing your waiver of inadmissibility extreme hardship letter. I know the aspects that i need to take care. I just need tips to success. By the way i'm from mexico and my wife is a citizen.

    Thank you very much.

  2. #2
    Newbie
    Points: 1,785, Level: 17
    Level completed: 18%, Points required for next Level: 165
    Overall activity: 0%
    Achievements:
    1 year registered1000 Experience PointsNew Achievement!

    Join Date
    Aug 2009
    Posts
    63
    Points
    1,785
    Level
    17
    Thanks
    2
    Thanked 8 Times in 8 Posts
    Time Online
    N/A
    Avg. Time Online
    N/A
    HI!! i'm from mexico too. theres a link under I-601 mexico forum. Its THE place to read..
    I recommend you read ALL of it!! its very informative and very enlightening. There's also examples of approved letters from people that actually took these letters to their Juarez appointments. it gives you a pretty good idea of what the officers are looking for in a case.
    Good luck with your Journey. In my Overall experience, the hardest thing to prepare for was the seperation from my family. and still under all of that stress concentrating on the hardship letter, and documents and blah blah blah..... well my waiver was a 212b. I dont think yours is as complicated. again Good luck.



    La peor forma de extrañar a alguien es estar sentado a su lado y saber que nunca lo podrás tener.
    G.G. Marquez

    jan 01-1983 ewi to u.s
    jul 07-2007 I 130 approved.
    feb 00-2008 received choice of agent from nvc.
    went to lawyer and said to wait.
    After november elections lawyer said it was a big breack and she asked for the iv payments and afs. she filled our hearts with home and we filled her christas tree with presents.
    nov 00 2008 decided to continue with procedure. we hired a lawyer then sent payments iv application and afs.
    feb 00-2009 finally check cleared at IV visa website. sent to nvc, was asked for additional evidence.
    may 27- 2009 received letter from nvc that evidence received.
    june 17-2009 case was completed at nvc. sent to cdj
    june 00-2009 received appointment letter.
    july 13-2009 had medical
    july 15 2009 1st interview at cdj-asked to go back next day.
    july 16-2009 told everything was ok. was eligible for waiver.
    september 21- confused and have not slept.
    sept 23-2009 waiver appointment.

  3. The Following User Says Thank You to ladyblue For This Useful Post:

    Ricardo (09-24-2009)

  4. #3
    Magnifici
    Points: 9,406, Level: 41
    Level completed: 80%, Points required for next Level: 94
    Overall activity: 0%
    Achievements:
    Tagger Second Class1000 Experience Points5000 Experience PointsNew Achievement!Veteran
    momof1's Avatar
    Join Date
    Jul 2008
    Location
    Twin Cities
    Posts
    4,221
    Points
    9,406
    Level
    41
    Thanks
    466
    Thanked 1,680 Times in 986 Posts
    Time Online
    1 Wk 1 Day 18 Hrs 14 Mins 53 Secs
    Avg. Time Online
    7 Mins 33 Secs
    Country: Algeria
    Did you come in on a valid visa? Are you still in the US? The entry wasn't fraudulent, correct? There is no criminal?

    If you are still in the US, you will likely be able to simply adjust status here. If that is the case, you will not have to leave and you will not need a waiver. Simple visa overstay is forgiven with marriage to a USC.

    If I were you, I would do a consult with one of the recommended lawyers on this site. Once the details are clear, and they determine you will not need a waiver then you can proceed on your own with the adjustment of status if you feel comfortable.
    601 and 212 waivers approved via Rome April 24, 2009
    Our Timeline


  5. The Following User Says Thank You to momof1 For This Useful Post:

    Ricardo (09-24-2009)

  6. #4
    Newbie
    Points: 1,794, Level: 17
    Level completed: 22%, Points required for next Level: 156
    Overall activity: 0%
    Achievements:
    1 year registered1000 Experience PointsNew Achievement!

    Join Date
    Sep 2009
    Posts
    42
    Points
    1,794
    Level
    17
    Thanks
    73
    Thanked 0 Times in 0 Posts
    Time Online
    4 Hrs 30 Mins 42 Secs
    Avg. Time Online
    9 Secs
    My Mood
    Stressed
    Hi, i overstayed one year before i got married. and i got another permit for 6 months and i got married and i overstayed of course again. i'm still here in USA. The deal is that i overstayed before i got married. My tourist visa is still good for another 5 or 6 years.

  7. #5
    Magnifici
    Points: 9,406, Level: 41
    Level completed: 80%, Points required for next Level: 94
    Overall activity: 0%
    Achievements:
    Tagger Second Class1000 Experience Points5000 Experience PointsNew Achievement!Veteran
    momof1's Avatar
    Join Date
    Jul 2008
    Location
    Twin Cities
    Posts
    4,221
    Points
    9,406
    Level
    41
    Thanks
    466
    Thanked 1,680 Times in 986 Posts
    Time Online
    1 Wk 1 Day 18 Hrs 14 Mins 53 Secs
    Avg. Time Online
    7 Mins 33 Secs
    Country: Algeria
    Many people overstay and then get married. They are able to adjust in country without a waiver.

    Please consult with another lawyer.
    601 and 212 waivers approved via Rome April 24, 2009
    Our Timeline


  8. #6
    Illustrissimi
    Points: 13,807, Level: 51
    Level completed: 2%, Points required for next Level: 543
    Overall activity: 26.0%
    Achievements:
    Tagger Second Class1000 Experience PointsNew Achievement!Veteran10000 Experience PointsOverdrive
    Aramire1's Avatar
    Join Date
    May 2009
    Location
    Minnesota
    Posts
    5,225
    Points
    13,807
    Level
    51
    Thanks
    926
    Thanked 1,583 Times in 1,422 Posts
    Time Online
    2 Wks 5 Days 9 Hrs 14 Mins 29 Secs
    Avg. Time Online
    16 Mins 44 Secs
    My Mood
    HaHa
    Country: Guatemala
    and good luck to you..sounds like you can adjust in country!
    Ashley
    12/9/2009-Approved in Guatemala

    1/21/2014- Officially a US Citizen

  9. #7
    Newbie
    Points: 1,749, Level: 16
    Level completed: 99%, Points required for next Level: 1
    Overall activity: 0%
    Achievements:
    1 year registered1000 Experience PointsNew Achievement!

    Join Date
    Sep 2009
    Posts
    16
    Points
    1,749
    Level
    16
    Thanks
    3
    Thanked 0 Times in 0 Posts
    Time Online
    N/A
    Avg. Time Online
    N/A
    Quote Originally Posted by momof1 View Post
    Did you come in on a valid visa? Are you still in the US? The entry wasn't fraudulent, correct? There is no criminal?

    If you are still in the US, you will likely be able to simply adjust status here. If that is the case, you will not have to leave and you will not need a waiver. Simple visa overstay is forgiven with marriage to a USC.

    If I were you, I would do a consult with one of the recommended lawyers on this site. Once the details are clear, and they determine you will not need a waiver then you can proceed on your own with the adjustment of status if you feel comfortable.
    Hello,

    This is my first post, you guys have made yourself quite the forum, the information is here so vast its almost overwhelming. I signed up because the quoted text intrigued me.

    I have been married to my wife for 5 years, I have a 4 year old and we are truly happily married. I knew nothing of her status when I met her and to make wrongs right we saved up some money and hired some guy who did our paperwork. Well, it turns out we were denied and the guy is telling me to write a letter for the waiver.

    Now to the point, the quoted text above implies that people in my situation would most certainly be approved for a change of status and well, unfortunately we were not. I have no criminal past whatsoever, not even a parking ticket, neither does my wife. We volunteer, we generally try and do things the way we want to do them in a socially responsible manner and so far it has worked for us.

    So the question is, why in the world were we denied? It makes no sense. How likely is it that our waiver will be approved?

    Sorry I don't mean to hi-jack this thread.

  10. #8
    Super Moderator
    Points: 32,665, Level: 79
    Level completed: 27%, Points required for next Level: 585
    Overall activity: 47.0%
    Achievements:
    VeteranCreated Blog entryTagger First Class1000 Experience PointsNew Achievement!Recommendation Second Class
    Los G's Avatar
    Join Date
    Nov 2007
    Location
    South Korea
    Posts
    13,602
    Points
    32,665
    Level
    79
    Thanks
    2,878
    Thanked 5,732 Times in 3,214 Posts
    Blog Entries
    3
    Time Online
    2 Mths 2 Wks 1 Hr 14 Mins 4 Secs
    Avg. Time Online
    1 Hr 3 Mins 56 Secs
    My Mood
    Mellow
    Country: South Korea
    nrml, what country is your wife originally from? Did you file for adjustment in the US? What visa did she enter on? Did she leave and come back to the US at any point? It is VERY uncommon for USCIS to randomly mess up with a visa denial, so most likely there was a reason under the Immigration Nationality Act. Were you given any paperwork that explained the denial or ban? A timeline of entries, visas used, and interactions with USCIS would be helpful to figure out what's going on in your case.

    You really should consult with one of the immigration lawyers recommended on this forum (see the link in my signature) and stop letting "some guy" do the paperwork that determines the destiny of your whole family. If you don't know why you need a waiver, the person doing your paperwork should not in charge of this case!

    I hope you can find the answers you need!
    Please post your immigration questions on the forum, not in a private message. Always consult an experienced lawyer before filing.
    *If you believe you or someone on your behalf checked the "US Citizen" box on an employment document, please do not send a private message. Talk to a trusted lawyer about what could happen. *
    Getting StartedGetting Legal Status for Your Loved OneWaiver Eligibility
    Recommended Lawyers Visa BulletinHelp from Elected OfficialsTranslations

    Consular ProcessKnow before filingSpouse/Fiance Petition Petition Processing TimesNVC Stage Medical/InterviewI-601 WaiverAfter Approval
    Other Routes Adjustment of Status in the US Direct Consular Filing

    Living Outside the USLife in MexicoMoving to Canada Moving to Other Countries

    Officially banned for life w/no waiver (6cii)- but we don't give up! Read our story
    Lawyers I've worked with and highly recommend: Laurel Scott Laura Fernandez Lizz Cannon





  11. The Following User Says Thank You to Los G For This Useful Post:

    nrml (09-24-2009)

  12. #9
    Newbie
    Points: 1,749, Level: 16
    Level completed: 99%, Points required for next Level: 1
    Overall activity: 0%
    Achievements:
    1 year registered1000 Experience PointsNew Achievement!

    Join Date
    Sep 2009
    Posts
    16
    Points
    1,749
    Level
    16
    Thanks
    3
    Thanked 0 Times in 0 Posts
    Time Online
    N/A
    Avg. Time Online
    N/A
    Quote Originally Posted by Los G View Post
    nrml, what country is your wife originally from? Did you file for adjustment in the US? What visa did she enter on? Did she leave and come back to the US at any point?
    She is from Mexico, Baja California to be exact. Yes, we are doing all this from San Diego, CA. She came in on a tourist visa and yes, she left and came back in 2007

    Quote Originally Posted by Los G View Post
    It is VERY uncommon for USCIS to randomly mess up with a visa denial, so most likely there was a reason under the Immigration Nationality Act. Were you given any paperwork that explained the denial or ban? A timeline of entries, visas used, and interactions with USCIS would be helpful to figure out what's going on in your case.
    The guy who did the paperwork has them, I curse the day I met that guy I seriously think this is his fault but my wife's family "recommended" him and now we're in this mess.

    Quote Originally Posted by Los G View Post
    You really should consult with one of the immigration lawyers recommended on this forum (see the link in my signature) and stop letting "some guy" do the paperwork that determines the destiny of your whole family. If you don't know why you need a waiver, the person doing your paperwork should not in charge of this case!
    I agree, it seems I made a mistake with trusting my wife's family on this. I guess they thought since the guy did their and it went fine that it would be the same with us. It was a different time then.

    Quote Originally Posted by Los G View Post
    I hope you can find the answers you need!
    Thank you for taking the time to help!

  13. #10
    Super Moderator
    Points: 32,665, Level: 79
    Level completed: 27%, Points required for next Level: 585
    Overall activity: 47.0%
    Achievements:
    VeteranCreated Blog entryTagger First Class1000 Experience PointsNew Achievement!Recommendation Second Class
    Los G's Avatar
    Join Date
    Nov 2007
    Location
    South Korea
    Posts
    13,602
    Points
    32,665
    Level
    79
    Thanks
    2,878
    Thanked 5,732 Times in 3,214 Posts
    Blog Entries
    3
    Time Online
    2 Mths 2 Wks 1 Hr 14 Mins 4 Secs
    Avg. Time Online
    1 Hr 3 Mins 56 Secs
    My Mood
    Mellow
    Country: South Korea
    nrml, I think the key might lie in the part where she left and came back. I assume she returned with her visa (she entered through a border inspection) that last time as well, correct? How long did she stay the first time, and how long did she overstay the time given on her I-94? The amount of time determines denials, bans, and need for a waiver.
    Please post your immigration questions on the forum, not in a private message. Always consult an experienced lawyer before filing.
    *If you believe you or someone on your behalf checked the "US Citizen" box on an employment document, please do not send a private message. Talk to a trusted lawyer about what could happen. *
    Getting StartedGetting Legal Status for Your Loved OneWaiver Eligibility
    Recommended Lawyers Visa BulletinHelp from Elected OfficialsTranslations

    Consular ProcessKnow before filingSpouse/Fiance Petition Petition Processing TimesNVC Stage Medical/InterviewI-601 WaiverAfter Approval
    Other Routes Adjustment of Status in the US Direct Consular Filing

    Living Outside the USLife in MexicoMoving to Canada Moving to Other Countries

    Officially banned for life w/no waiver (6cii)- but we don't give up! Read our story
    Lawyers I've worked with and highly recommend: Laurel Scott Laura Fernandez Lizz Cannon





Page 1 of 2 12 LastLast

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •