how to proved extreme hardship

[sammi608612 1]

My friend's mother just had her interview and after submitted require documents twice to consulate, the consulate gave her another notice asking her to apply i 601 and i 212.

Here is her situation.

She came to US as a visitor in 2009, and after half year staying in US. she tried to apply asylum status here. However, she did not pass the first hearing in Aug 2012. The immigration court scheduled another hearing in 2014. However, on Sep 2012, her dad passed away, as his only daughter, she decided to go back to her country to attend her dad's funeral. She came back to China in Sep 2012 and never came back to US again.

Her daughter is her only child and she is a USC. she applied I -130 for her and she had her visa interview in Sep 2016. After the interview, the consulate asked her to submit her entry record and court record regarding to the deportation etc. She sent down all those documents to consulate and two days ago, she got another notice to ask her apply for i 601 AND i 212 because she has 10 years bans.

So her daughter decided to apply by her own because lawyer charges her too much and she could not afford it.

But she still has concerns how to prove her extreme hardship.

Could anyone help her? Thanks.

[Unlockable 7,314]

What is the extreme hardship? It may be hard to prove because it may not be a legit claim.

She has a 10 year ban that she may have to wait out.

The i601 is the waiver for the 10 year ban.

Now here is the tough question that they are facing... How are they experiencing extreme hardship if the mother was able to return to her county and resume living there up until now?

Here are the things that are going against them.

1. The mother abused the visitor visa by overstaying.

2. Tried to file asylum. Asylum is a serious issue and the US government frownz upon frivolous asylum claims.

3. While the asylum case was pending the mother returned to her country, thus abandoning the case.

4. Mother is currently on a ban.

5. Family is claiming extreme hardship after 4 years of mother living in her home country.

Read the issues above and you will see why lawyers cost so much. That is a lot to overcome.

Edited October 31, 2016 by NuestraUnion

[Jojo92122 1,924]

What is your friend's extreme hardship if her mother is not granted a waiver?

We can't tell you what extreme hardship your friend would experience if her mother is not granted the waiver. We don't know them.

[Merrytooth 5,748]

The daughter is not a qualifying relative to file a waiver for her mother.

Qualifying relatives must be spouses or parents who are US citizens or lawful permanent residents (LPRs).

Edited October 31, 2016 by Merrytooth