who has to show hardship; me or my mom?

[benabena 0]

I am the petitioner and my mom is the applicant. Do I have to show hardship for me? My mom have to show hardship for her? I am confused.

Appreciate your answer, thanks

[Penguin_ie 5,993]

Hardship is on the part of the US citizen petitioner, so you in this case.

Why is the waiver needed?

[benabena 0]

My mom came here in 2008. Before her 6 months visitor visa was to expire we filled an I-539. We did get the receipt for this. She overstayed 9 months waiting for an answer but we never got one; and is 2011. We checked the case status on line and is still under initial review. My mom had to go back in Europe because her passport was expiring. So we never got an answer and she left.

In 2009, March we put the papers for permanent visa at immigration. Everything went ok and this week she went to the final interview at the Embassy in Europe. Her visa was denied and even her B2 visa was not available for her anymore. The lady there told her that she stayed here illegally and that I-539 was denied.

I found out that the I-539 was denied on February 2009 and my mom left in September 2009. They said that the letter was mailed but we never got it. On line the case is still showing under "initial review". How could we have known about the denial if we got nothing. Now we have to fill the I-601 to waive that overstay.

ps: my mom is 78 years old

Thank you for your answer

[sachinky 464]

The US citizen petitioner will have to demonstrate hardship.