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[nicoleDA 0]

My husbands immigrant visa was denied today under section 212(a)(6)©(i) fraud/misrepresentation. About 10 years ago my husband worked in the States illegally. He entered with a tourist visa and never overstayed. He would come for a few weeks then go back home to Mexico and then go again. For him it was more for adventure then a new life. On one of his trips back into the States his visa was confiscated because he lied about having a drivers license and was also suspected of working. He remained in Mexico after that and never planned to go back to the States until he met me and we started dating. An attempt at receiving another tourist visa was denied while we were dating and we discovered that there was no paperwork in his file documenting that his previous visa had been taken. We filed a FOIA and still nothing was found. We worried that this could be a problem again at his immigration interview. Our lawyer assured us that simply working in the States did not constitute an ineligibility. Well, the missing paperwork was not a problem, but the interviewer asked my husband how many times he had entered and worked in the States. (3 times) She then asked if he had known he was going to work to which he replied "not always". She then said he was guilty of fraud and needed to file an I-601 waiver. I already quit my job and moved to Mexico a year and a half ago when we got married. We also have a 4 month old son together. I owe a substantial amount of money (college fees) to my father but since it is between us there is no paperwork. I have suffered from some substantial depression since I have been here but I have never been to the doctor about it and so there is no documentation of that either...

Does anyone have any advice on writing/supporting a hardship letter and does anyone know the approximate percentage of waivers of this kind that are approved?

Thank you for your time.

[waitinginlorton 3]

Hello Nicole,

I am sorry to hear that your husband's visa was denied. I have been through the same journey with my husband and we had to file the I601 waiver. I would suggest that you hire a good attorney to help you prepare the waiver. When you consult with an attorney, they will be able to tell you if you have good hardships or not. You have to prove why you are not able to stay in the U.S. without your husband and also why you are not able to move to Mexico. Now I read from your post that you have already moved there and that may or may not be a good thing for your case.

If you are abel to prove that you have encountered harships while living in Mexico and that you are no longer able to continue to live there and need to move back to the U.S. then I guess it won't be a negative factor in your case. But I do know that while my husband's waiver was pending and I went to visit him in Pakistan, the CO at the consulate told me, why did you come to Pakistan when in your waiver you are trying to prove that you cannot come and live in Pakistan. So I know this is something they strongly discourage.

Also, visit www.immigrate2us.net because they have a lot of people there who have filed the waivers or are in the process of filing one and they could be helpful to you.

Good luck with everything!

[Sandra G. 5,057]

Nicole you need to file the I-601 waiver.I do recommend you hire a lawyer to help you with that. You have to prove hardship leaving USA to live in Mexico, I mean you are there already then you have to prove how this is affecting your life in all ways such as financially, emotionally, show them the differences between the two countries regarding health system, employment, language, career,ties with your family in Usa, the debit you have to pay back in USA, your tires with your community in USA.Most of the I-601 are approved, but you need to show hardship, it's not about being away from your husband it's about being away from USA how much will affect your life to live in Mexico.

[momof1 205]

Waivers for misrep/fraud are notoriously more difficult to get approved than waivers for simple unlawful presence. That doesn't mean it is impossible though. I highly recommend a lawyer with plenty of experience with waivers rather than trying to go it alone.

We had a waiver approved for misrep in April 2009. He also needed a waiver for overstaying the visa waiver program and for deportation. All of this stemmed from his fraudulent entry in order to apply for political asylum. His case went on from 2000-2008 although he was removed after the BIA denial in 2007. Just to give you some hope, we have now applied for his citizenship.

It's a long difficult journey that I hope you will be able to endure. Good luck!