i 601 wavier extreme hardship

[evalili 10]

So I went for my interview today, and because I have overstayed my F-1 status before, I was asked to file for an I-601. My husband and I have plenty of reasons to give to the USCIS for extreme hardship, but I would just like to ask, is my husband (the USC) the one who write the letter?

[Hypnos 6,576]

F-1s typically accrue no overstay provided your I-94 states "D/S". 

[evalili 10]

I fell out of status... I have to file for an I-601. The person who got interviewed right before me pissed her off quite a bit, so I ended up taking a hit for it.

[Hypnos 6,576]

If your I-94 is marked "D/S" then the only way you could have begun to accrue overstay is if an immigration judge or USCIS themselves made a status violation declaration. 

 

It would need to be through either being detained by ICE or another benefit application you filed before the I-485.

 

If neither of those two things happened then you have no overstay and don't need to file an I-601.

Edited January 10, 2017 by Hypnos

[evalili 10]

Should I contact an Immigration attorney for this? I am thinking I should.

Edited January 10, 2017 by evalili

[Hypnos 6,576]

I would. 

 

Sounds like the adjudicator is trying to pull a number on you. 

[evalili 10]

Ok. I really think that she was pissed off and she wanted to go for lunch.

 

The person whom she interviewed before me had illegally presented in the US for 5 years, became a prostitute and got convicted twice, and the girl yelled at the interviewer too.

Edited January 10, 2017 by evalili

[Hypnos 6,576]

That's not your fault or problem. 

[evalili 10]

True. I will call an attorney during open hours.

[Boiler 45,482]

I601 is much more than a letter.

[evalili 10]

Yes I know. the I-601 form, a letter from my husband, a birth certificate from him proving relationship with his mother, his mother's doctors' notes and a letter from her too.

[Transborderwife 4,666]

3 hours ago, evalili said:

Yes I know. the I-601 form, a letter from my husband, a birth certificate from him proving relationship with his mother, his mother's doctors' notes and a letter from her too.

How are those proving hardship?

 

a lawyer may be the way to go

[evalili 10]

15 minutes ago, Transborderwife said:

How are those proving hardship?

 

a lawyer may be the way to go

My husband currently is living with his mother, and she has just gotten cancer treatment, so the proof would be that I will need to be around her all the time to provide care. She is also indicating that she will need my help to take care of her 2 children who are under 18, because she can't take care of herself well enough.

 

My husband is also providing a letter saying that he needs me there to be with him, because he is concern about the political issues that he experience while he lived in Hong Kong with me, as well as other reasons.

[Transborderwife 4,666]

1 minute ago, evalili said:

My husband currently is living with his mother, and she has just gotten cancer treatment, so the proof would be that I will need to be around her all the time to provide care. She is also indicating that she will need my help to take care of her 2 children who are under 18, because she can't take care of herself well enough.

 

My husband is also providing a letter saying that he needs me there to be with him, because he is concern about the political issues that he experience while he lived in Hong Kong with me, as well as other reasons.

Her hardships are not likely of concern to uscis his are.

[evalili 10]

well, he is also providing financial care for her too, because his dad is in prison, so if he can prove that he will suffer financial hardship if I am made inadmissible, then the USCIS will consider that?

 

I am also guessing that her medical reports and care are necessary, then I should also submit it along with my I-601?

Edited January 11, 2017 by evalili