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Filed: Citizen (apr) Country: Algeria
Timeline
Posted

What documents do I need to submit besides the hardship letter?

And do I need a hardship letter for each form?

Thank you!

I'll tell you how ours was prepared. The forms for both waivers were included in the packet fastened with ACCO clips. Inside was the brief prepared by our lawyer covering all necessary points for both waivers to be approved. My qualifying relative letter was a part of the evidence and put a more personal spin on the harships that were presented by our lawyer. The packet also included all of the evidence supporting all of our hardship claims which included: medical records, letters from our son's phsysicians, pay stubs, travel warnings from the US govt, letters from family and other random info.

The letter means nothing without evidence to back up your claims. The evidence is the bread and butter of your packet while the letter helps to clarify what those documents mean.

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Filed: Citizen (apr) Country: Ireland
Timeline
Posted

Previous poster is correct. You need evidence, and the more the better. What documents those are will depend what the hardship is- letters from multiple doctors are always a good idea if there is a medical issue.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Filed: IR-1/CR-1 Visa Country: Belarus
Timeline
Posted

That's the thing. There's no medical issue and no kids.

I'm really scared. I feel that only those people have more chances. And I can't afford a lawyer.

But do I need a hardship letter for each form?

Thank you!

No, you do not need a "hardship letter" for each form they are submitted together in the same packet so only one letter from the qualifying relative is needed as part of the evidence for the packet.

Hardship is relative to your situation and there is more than medical that can be considered. Children are not "qualifying relatives" for purposes of the waiver, so its pretty obvious you at this point have no understanding of the requirements for the waiver.

Go read the research links so you know what you are dealing with and what the hardship standard is. As was mentioned in previous post, the letter without any supporting evidence is not going to get approved, so take your time and do it right.

At this point you cannot afford NOT to have an attorney because you don't know what you are doing. Charge it if you have to or borrow money but at least have a consult with someone who specializes in I601 waivers. You can perhaps develop your own Hardship scenario and learn how you can prove it and articulate that in a waiver packet.

Many people without children have been approved, and so have others without medical conditions. Another issue is mitigating and aggravating factors read the research, find out what they are and that will determine the degree of documentation and direction you take with your packet. For serious aggravating factors it is madness to attempt without legal consult... IMHO.

We have no minor children but our waiver was approved. Some of the arguments included, severe career disruption, special government considerations, financial hardship and the packet included a mountain of evidence. You have to give the adjudicator CYA material if he approves it and sends it to his/her superior for sign off... a letter by itself will not cut the mustard.

Posted

Thank you very much for your information.

I had a visitor visa for 10 years. My parents applied for asylum when I was 11 or 12 years old. And got denied and kept appealing. We left the country before our visa expired.

So when I went to my interview for k-1 I was told there was a deportation in 2007 and that we didn't leave the country.

We left the u.s.a in 2009. I turned 18 in 2006.

Filed: Citizen (apr) Country: Algeria
Timeline
Posted

BIA denialbof asylum is a final order of removal. Although you visitor visa may have been good for ten years, your authorized period of stay was much less and more likely six months. There is an asylum exception to unlawful presence but it depends on many things including how long after your arrival asylum was filed for.

I should let you know that the asylum denial, for whatever reason, is a major aggravating factor. My husband was in the same position but a bit more complicated: fraudulent entry, visa overstay of visa waiver program, denied asylum we took up to the 8th circuit, and ultimately a deportation. Please, get a lawyer.

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Filed: Citizen (apr) Country: Algeria
Timeline
Posted

And if it gives you some hope, our waivers were approved in 2009 and he can file for citizenship in 5 months. Evetyone told us that our case was tough and we were still approved. I have our lawyer's brief posted at immigrate2us.net if you're interested in looking at it. Just let me know.

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Posted

And if it gives you some hope, our waivers were approved in 2009 and he can file for citizenship in 5 months. Evetyone told us that our case was tough and we were still approved. I have our lawyer's brief posted at immigrate2us.net if you're interested in looking at it. Just let me know.

Thank you so much!

Yes. That gives me hop.

I feel bad that It had to be that but my parents brought me there and couldn't make my own decision. But oh well immigration doesn't care.

And yes I am interested to look at it.

Thank you very much!

Filed: IR-1/CR-1 Visa Country: Belarus
Timeline
Posted (edited)

Thank you so much!

Yes. That gives me hop.

I feel bad that It had to be that but my parents brought me there and couldn't make my own decision. But oh well immigration doesn't care.

And yes I am interested to look at it.

Thank you very much!

The fact your parents brought you here, and presumably stayed here with you until you returned in 2009 is somewhat of a mitigating circumstance. Since the denial of asylum was submitted by them not you, that will probably be helpful in the case. I agree you need an attorney as was mentioned previously.

We also had some serious aggravating factors and got approved, however we had substantial evidence of hardship on many levels.

Edited by Used to be broken
Posted

The fact your parents brought you here, and presumably stayed here with you until you returned in 2009 is somewhat of a mitigating circumstance. Since the denial of asylum was submitted by them not you, that will probably be helpful in the case. I agree you need an attorney as was mentioned previously.

We also had some serious aggravating factors and got approved, however we had substantial evidence of hardship on many levels.

Thank you very much.

Yea I just to follow my parents. I was under age I couldn't stop them from putting me on their application.

I'm worry about the hardship letter. I already have it.

I have an appointment with a lawyer for a consultation.

 
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