I-751 waiver based on extreme hardship

[mananto 36]

My petition was initially denied due to insufficient evidence when based on divorce waiver back in 2012. Now I am refiling it based on hardship. Unfortunately the strengths are based on my illness which requires daily medications, my son's medical problems as well as my wife's. The three of us have continuing medical conditions and my son's condition is pretty dicey. I also do have quite some financial investments here in the US and a pretty good track record with community activities. My first one based on divorce waiver was denied because of a pretty stupid thing. The IO said I told her that we first separated with my ex in November 2005 but she then discovered that my wife had gone to look for a job back at her home town late the prior year and we did not live together for about six months. We both agreed on this since we were in a pretty bad financial shape. However the ISO termed that as separation and said I gave incorrect information. I am not sure how she could call that being separated when we lived together one full year after that. I received an NTA in March 2012 but it was never filed with the immigration court. The lawyer seems to think that ICE looked over my case and determined to be a weak one for them and they decided not to file it. So we are now filing a fresh one based on hardship. I hear it is one of the most difficult one to be approved but my God is a God of miracles. He knows I do not deserve another denial.

[Newbie608 103]

My petition was initially denied due to insufficient evidence when based on divorce waiver back in 2012. Now I am refiling it based on hardship. Unfortunately the strengths are based on my illness which requires daily medications, my son's medical problems as well as my wife's. The three of us have continuing medical conditions and my son's condition is pretty dicey. I also do have quite some financial investments here in the US and a pretty good track record with community activities. My first one based on divorce waiver was denied because of a pretty stupid thing. The IO said I told her that we first separated with my ex in November 2005 but she then discovered that my wife had gone to look for a job back at her home town late the prior year and we did not live together for about six months. We both agreed on this since we were in a pretty bad financial shape. However the ISO termed that as separation and said I gave incorrect information. I am not sure how she could call that being separated when we lived together one full year after that. I received an NTA in March 2012 but it was never filed with the immigration court. The lawyer seems to think that ICE looked over my case and determined to be a weak one for them and they decided not to file it. So we are now filing a fresh one based on hardship. I hear it is one of the most difficult one to be approved but my God is a God of miracles. He knows I do not deserve another denial.

I wish you all the very best with everything. I can only imagine how difficult the situation is for you. Be strong and keep the faith...

[mananto 36]

Thanks Newbie...I got stressed till I got numb. Currently my status has been terminated and E-Verify is breathing down my neck. Luckily I received a receipt number and used it for e-verify. Phew!

[NancyNguyen 1,658]

Medication is not a persuasive excuse for extreme hardship.

[Sandra G. 5,057]

You have to prove your child has very serious heath problems and that the child won't have the same treatment in your home Country,or that you are the only person financially providing for your child and if you are removed and the child stays in the US With the mother, the child will suffer since the provider (your) won't be here anymore.

If your health problem has treatment in your home COuntry USCIS won't approve your based on your health problem.

BEcause you have substantial investment here is not ground for hardship,since you can transfer your investments to your Country .

If there is treatment available for your child in your Country USCIS will deny your hardship as well.

[mananto 36]

Yeah....Sandraj. I have documentation from my son's doctors showing the severity oh his illnesses, my wife's doctors showing she would not be able to take care of my son by herself when I leave and also how I will face hardships trying to get her the same treatment back in Africa. I currently make two thirds of the family income so if I am removed, my son will suffer. I also have a medical condition that requires me to take medication daily and the medication is not available in my country. The country situation is really bad so we attached CIA reports on the same. I also have a very good standing ion the community. I have almost all the 10 conditions that BIA mentioned pass the test. They also say that though one argument may not qualify as hardship by itself, they take an aggregate of everything. That of course does not mean that my case is a slum dunk. USCIS has its own brain.

Edited September 11, 2014 by mananto

[Sandra G. 5,057]

If the papers show he can't get treatment in your home Country then you will be fine with your petition.I submitted several hardship petitions I never had any case denied .Definitely Uscis has its own brain,dealing with Uscis over 15 years.

[mananto 36]

You said you have submitted several hardship waivers and none has been denied. Why several or are you a lawyer filing for others? why do you think the ones you have submitted have all been approved?