Hardship waiver being requested from us.

[Emil77 0]

Hello,

My girlfriend has spent the last year filling out applications to have her mother and father granted entry into the United States from Fiji. Recently her mother was approved and arrived in California 2 weeks ago. Now she is being told her father's approval is up in the air. We think this might be from an incident in 1987, in which her father recieved a conviction for buying stolen property. The Embassy in Fiji told my girlfriend she needs to submit a hardship waiver form in order to continue the paperwork. We don't understand why she would need to fill out a hardship waiver. Is the fathers conviction from 21 years ago going to have a major impact on his approval to come to the United States? Any advice?

[emt103c 10]

Yes, I'm sorry to relay the bad news. ALL convictions no matter how old that constitute what is legally referred to as a "Crime involving Moral Turpitude," impact U.S. immigration. It is definitely possible that this is the case here. You will need to confirm the reason for the waiver before submitting it so that you can address it in the waiver package. The good news is that there is a lot of information on the hardship waiver (I-601) online. You should visit immigrate2us.net where there are sample hardship letters and instructions on how to complete your waiver package.

It is a complex job. . .your girlfriend has to prove how it would cause her "extreme hardship" if her father were unable to join her in the US. Check out the guides on the website I listed above. . .and feel free to ask questions here and there. . .there are tons of people who have had to go through the same thing as she does.

[przy 0]

Hello,

My girlfriend has spent the last year filling out applications to have her mother and father granted entry into the United States from Fiji. Recently her mother was approved and arrived in California 2 weeks ago. Now she is being told her father's approval is up in the air. We think this might be from an incident in 1987, in which her father recieved a conviction for buying stolen property. The Embassy in Fiji told my girlfriend she needs to submit a hardship waiver form in order to continue the paperwork. We don't understand why she would need to fill out a hardship waiver. Is the fathers conviction from 21 years ago going to have a major impact on his approval to come to the United States? Any advice?

Random question, was this conviction listed on his police certificate?

[Emil77 0]

Yes, I'm sorry to relay the bad news. ALL convictions no matter how old that constitute what is legally referred to as a "Crime involving Moral Turpitude," impact U.S. immigration. It is definitely possible that this is the case here. You will need to confirm the reason for the waiver before submitting it so that you can address it in the waiver package. The good news is that there is a lot of information on the hardship waiver (I-601) online. You should visit immigrate2us.net where there are sample hardship letters and instructions on how to complete your waiver package.

It is a complex job. . .your girlfriend has to prove how it would cause her "extreme hardship" if her father were unable to join her in the US. Check out the guides on the website I listed above. . .and feel free to ask questions here and there. . .there are tons of people who have had to go through the same thing as she does.

Thank you for the info! This is the correct form? http://www.visapro.com/Download/INS-Form-I-601-Form.pdf

Is it a matter of us filling out that form and writing a letter on how it would cause her "extreme hardship" Do we have to have a lawyer? Can we do it ourselves?

Przy, I think it was, because he went to the police dept. to get a copy of his records.

[Emil77 0]

I guess we can't edit here.

Some more points. I just read: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

and it says the time frame for an appeal on the I 601 is 18 months! Can we just resubmit paperwork for a new interview or we have to go through the waiver process?

[Ta Ta 1]

I guess we can't edit here.

Some more points. I just read: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

and it says the time frame for an appeal on the I 601 is 18 months! Can we just resubmit paperwork for a new interview or we have to go through the waiver process?

Appeal for I 601 means you can appeal if the waiver is denied. Even if you would resubmit the petition and get a new interview,

you would always face the hurdle of having to do the waiver. There is no way around it.

A hardship letter, as simple as it may sound is a very complicated and delicate matter. I advice you to at least consult

a lawyer for your situation, not just any lawyer, but one familiar with waivers. A good one does not come cheap. Pm me if

you need a referral.

You can see examples of hardship letters on the site suggested to you, immigrate2us.net

You need to do a lot of research before you write such a letter.

Wishing you the best.

[emt103c 10]

Thank you for the info! This is the correct form? http://www.visapro.com/Download/INS-Form-I-601-Form.pdf

Is it a matter of us filling out that form and writing a letter on how it would cause her "extreme hardship" Do we have to have a lawyer? Can we do it ourselves?

Przy, I think it was, because he went to the police dept. to get a copy of his records.

Some more points. I just read: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

and it says the time frame for an appeal on the I 601 is 18 months! Can we just resubmit paperwork for a new interview or we have to go through the waiver process?

It is MUCH more complicated that just filling out the form, it is an entire packet including the letter and evidence proving the letter. That form is correct, however, I advise against going ANYWHERE for forms besides USCIS. . .at least then you can look up the actual current cost, and the forms are free there. . . http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

It CAN be done without an attorney, depending on how much work you are willing to do and how dedicated you are to the process. . .

You are not appealing the I-601, that is if they deny you and you decide to appeal. . .the member who answered you on immigrate2us.net has a spreadsheet where you can look up current processing times for 601's. . .it CAN be a lengthy process, but it is definitely necessary. . .you cannot just get a new appointment.

[Emil77 0]

Thank you everybody so much for the help. Please give me any more advice, this is going to be a tough battle.

[Movin on New Life 3]

I guess we can't edit here.

Some more points. I just read: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

and it says the time frame for an appeal on the I 601 is 18 months! Can we just resubmit paperwork for a new interview or we have to go through the waiver process?

Appeal for I 601 means you can appeal if the waiver is denied. Even if you would resubmit the petition and get a new interview,

you would always face the hurdle of having to do the waiver. There is no way around it.

A hardship letter, as simple as it may sound is a very complicated and delicate matter. I advice you to at least consult

a lawyer for your situation, not just any lawyer, but one familiar with waivers. A good one does not come cheap. Pm me if

you need a referral.

You can see examples of hardship letters on the site suggested to you, immigrate2us.net

You need to do a lot of research before you write such a letter.

Wishing you the best.

I think they should change it from "hardship letter" to "HARDSHIP PACKAGE" It is scary to know so many people think they can just send in a one or two page letter of hardship.... hmmm only makes it that much easier for it to be denied!

Thank God I found this site as it has always been more informative than any other source including some lawyers and USCIS customer service... Heck wouldn't be a bad idea for USCIS to include this website in their publications!!!!

[blueblue 0]

Thank you everybody so much for the help. Please give me any more advice, this is going to be a tough battle.

Your girlfriend's father should have been given a paper defining exactly why he was refused the visa and what they are saying is causing his inaddmissibility. If it is INA 212(a)(2)(A)(ii) and there was only one conviction, then the punishment under the law he was convicted would have to be more than a year in prison (even if he was sentenced to less) to make him inadmissibile. If the conviction is over 15 years old, he does not have to prove extreme hardship. He has a slightly different burden:

A waiver is available under INA §212(h)(1)(A) if the immigrant establishes that:

1) the activities for which the alien is excludable occurred more than 15 years before the date of the alien's application for a visa, entry or adjustment of status (unless the alien is excludable for prostitution under INA §212(a)(2)(D)(i) or INA §212(a)(2)(D)(ii), in which case the 15 year time period is not required),

2) the admission to the United States of such alien would not be contrary to the national welfare, safety or security of the United States, and

3) the alien has been rehabilitated.

Take care.