Do I need a wavier/how hard is it to get it approved?

[Tai Fu 0]

I am currently residing in Taiwan since it is the country of my origin. I moved to the US when I was 8 years old with my parents who used a travel visa and overstayed. I was too young to really understand that so I thought I was a green card holder or citizen since I went through school and stuff. On 9/5/2002 I was arrested for posessing a firearm as an illegal alien, as well as being an illegal alien. I was indicted for the firearm offense and false representation of social security number, 5 counts total. I was sentenced to 12 months and a day, then transferred to ICE for deportation. I have been living in Taiwan since. Just the past week my father who became an American Citizen by marrying a citizen, filed a I-130 for me. I thought he was wasting his time because of my convictions. I would like to return to the US even if it might take some time and I read about the waviers, but I dont think I can prove extreme hardship although I can say that I am rehabilitated. So what should I do? should I forget the USA and go for Canada (it is easier to qualify for a PR there and their rehabilitation requirement is more reasonable) or should I give the USA another chance?

I do not find a firearms offense under "CIMT" or ineligibility however I was deported for the firearms offense. If the social security offense were prosecuted alone I would have gotten either a fine or probation.

[kitkat1 5]

Extreme hardship is based on the hardships to the qualifying USC if your visa is ultimately denied and the qualifying USC is forced to relocate permanently to Taiwan. In this case, the hardship must be your father's since he filed your petition. It's not in any way about hardship to you. It would come down to his letter, evidence and the overall approval rates of 601 waivers in Taiwan. Keep in mind, they are usually based on a relationship to a spouse or fiance which certainly make its easier to prove. You would need both a 601 and 212 waiver.

Evidence of Extreme Hardship

Approval of a waiver application requires a finding that the refusal of admission to the United States of the immigrant alien would result in extreme hardship to a qualifying relative. In general, a qualifying relative for the purpose of a waiver may be a spouse or parent who is a United States citizen or a lawful permanent resident.

All claims of extreme hardship must be supported by documentary evidence or explanation specifying the hardship. Family separation and financial inconvenience, in and of themselves, do not necessarily constitute extreme hardship. Therefore, it is important for the qualifying relative to describe and document any other claim that might be a hardship.

Extreme hardship can be demonstrated in many aspects of the qualifying relative’s life such as:

HEALTH - Ongoing or specialized treatment requirements for a physical or mental condition; availability and quality of such treatment in the applicant’s country, anticipated duration of the treatment; whether a condition is chronic or acute, or long-or short-term.

FINANCIAL CONSIDERATIONS - Future employability; loss due to sale of home or business or termination of a professional practice; decline in standard of living; ability to recoup short-term losses; cost of extraordinary needs such as special education or training for children; cost of care for family members (i.e., elderly and infirm parents).

EDUCATION - Loss of opportunity for higher education; lower quality or limited scope of education options; disruption of current program; requirement to be educated in a foreign language or culture with ensuing loss of time for grade; availability of special requirements, such as training programs or internships in specific fields.

PERSONAL CONSIDERATIONS - Close relatives in the United States and /or the applicant’s country; separation from spouse/children; ages of involved parties; length of residence and community ties in the United States.

SPECIAL FACTORS - Cultural, language, religious, and ethnic obstacles; valid fears of persecution, physical harm, or injury; social ostracism or stigma; access to social institutions or structures.

Any other situation that the applicant feels may help meet the burden of extreme hardship.

The evidence supporting the claim of extreme hardship should be as detailed as possible. Keep in mind that the hardship must be to the qualifying relative - not to the applicant.

Form I-212 - Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal

Some Individuals who have been deported or removed from the United States, or who departed the United States after the expiration of a voluntary departure order will also need to file Form I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal. This application is filed with the Consular Officer at the Embassy where the beneficiary of the petition applied for the visa. The applicant may attach a statement giving the facts that he/she believes USCIS should consider in making a decision on the application. The applicant may attach evidence in support of the statement.