I-601 Waiver Between Parent/Child

[Jesslyn 0]

After extensively reading the forums on VJ and Immigrate2us, I feel that my case is a little more uncommon then others and would like some advice on filling out the I-601 application for waiver (especially the Extreme Hardship section) for my son.

Most of the cases I've read on here are between spouses.

Long story, short: I (recently became a USC) live here with my husband and four children. My fifth (oldest) son was left behind and just recently had his visa denied and given the I-601 waiver to complete. He has never set foot on the U.S and my husband and four other children have not been able to meet their oldest brother/son for over 10 years.

My question is if anyone has ever had a similar experience? (Parent/child)

And if others can advise me on what to include on the Extreme Hardship section besides family ties/separation?

Thank you very much!

[canadian_wife 1,829]

I guess the first question is, why is he inadmissable? They must have told him

Here is a pinned topic about proving extreme hardship

http://www.visajourney.com/forums/topic/316-how-do-i-prove-extreme-hardship/

immigrate2us.net is a site that specializes in inadmissability

Also, Laural Scott is an immigration attorney that specializes in inadmissability. She offers a free chat on Wednesdays

scottimmigration.net

good luck

[emt103c 10]

Yes, the things you need to address in the 601 package is different based on why he's inadmissible. If he's never been to the US it cannot be overstay. . .so does he have a CIMT or did he commit fraud applying for a visa? Why does he need a waiver?

[Jesslyn 0]

I don't remember where I found this but.. "your misrepresentation (if any) was actually committed by another party on your behalf without your actual knowledge."

This is why he needs a waiver.

[canadian_wife 1,829]

I'm still confused, what was the misrepresentation?

[Jesslyn 0]

He was given a false visa by a person that was referred to us by another person who thought the man worked for the counsellor and was legit. So basically this happened by a third party? unbeknownst to any of our knowledge until after it happened.

[canadian_wife 1,829]

Ok, so it was just a visa? Not a US passport?

Extreme hardship is shown when you prove that you (the petitioner) will suffer extreme hardship if your son is not brought to the US. This is individual for each person.

immigrate2us.net is a great site that focuses on inadmissability. Also, Laural Scott is an immigration attorney that specializes in inadmissability and she offers free chats on Wednesdays

scottimmigration.net

Good luck

[Jesslyn 0]

Yeah, just a visa. Okay, thank you I will try my best to fill it out