Hardship Waiver

[Mickey Dolenz 0]

Anyone ever filed a hardship waiver based on caring for a sick child that is a USC?

[Mickey Dolenz 0]

I dont know why everyone is always so negative....obviously my wife is a level1

 

Extreme Hardship Waiver Eligibility

Eligibility is not clearly defined by statute, but the USCIS categorizes four levels of arguments that might qualify an individual for a 601 waiver, Level 1 being the strongest and Level 4 being the weakest. Generally, USCIS officials are looking for at least one Level 1 argument or several lower-level arguments in order to grant a waiver. The following are examples of each level:

• Level 1: Relative has a major medical issue and cannot safely travel abroad, making it necessary for the alien to remain in the U.S. to care for the relative; alien's country is in a state of active war
• Level 2: Relative has a serious medical condition that makes moving abroad very difficult, and needs the alien's help; alien's country is on the verge of a major political upheaval
• Level 3: Relative has a significant condition making it difficult to move out of the country; alien's home country has an extremely poor economy
• Level 4: Relative would not be able to pay debts by moving abroad; relative's parent's are aging

[Crazy Cat 42,333]

Just now, hnj76 said:

I dont know why everyone is always so negative....obviously my wife is a level1

 

Extreme Hardship Waiver Eligibility

Eligibility is not clearly defined by statute, but the USCIS categorizes four levels of arguments that might qualify an individual for a 601 waiver, Level 1 being the strongest and Level 4 being the weakest. Generally, USCIS officials are looking for at least one Level 1 argument or several lower-level arguments in order to grant a waiver. The following are examples of each level:

• Level 1: Relative has a major medical issue and cannot safely travel abroad, making it necessary for the alien to remain in the U.S. to care for the relative; alien's country is in a state of active war
• Level 2: Relative has a serious medical condition that makes moving abroad very difficult, and needs the alien's help; alien's country is on the verge of a major political upheaval
• Level 3: Relative has a significant condition making it difficult to move out of the country; alien's home country has an extremely poor economy
• Level 4: Relative would not be able to pay debts by moving abroad; relative's parent's are aging

Who is the petitioner?

[EmilyW 1,528]

From memory, it was you who didn't want to file for a waiver.  That limited your options.

 

Now that you are happy to file a waiver, your options have widened.

[Transborderwife 4,666]

Your crime is the issue.  AWA while not insurmountable requires a very experienced lawyer.  As well, you'd need to return to the USA 

[Mickey Dolenz 0]

Waiver still has to have a petitioner?

[Transborderwife 4,666]

Just now, hnj76 said:

Waiver still has to have a petitioner?

Yes

[Mickey Dolenz 0]

Hmmmm....that is the issue then, isnt it?

 

Any advice?

 

If need be, I can resign job and go for lower back home.

[Mrs. Wild 87]

What step in the immigration process are you at? If you have an approved immediate relative petition and your relative has been denied at their interview, in some cases you may file the I-601 Extreme Hardship Waiver. If you're looking for the stateside waiver, that's the I-601A. In either case, the hardship has to be to the USC petitioner. Unfortunately when it comes to USC children, USCIS is really looking at what the hardship would be for the petitioner--not the kids.

[Transborderwife 4,666]

Just now, hnj76 said:

Hmmmm....that is the issue then, isnt it?

 

Any advice?

 

If need be, I can resign job and go for lower back home.

Return to the USA, seek out a lawyer familiar with AWA crimes, be advised that your wife if in overstay is deportable with or without her child at any point in time.

[Mickey Dolenz 0]

3 minutes ago, Mrs. Wild said:

What step in the immigration process are you at? If you have an approved immediate relative petition and your relative has been denied at their interview, in some cases you may file the I-601 Extreme Hardship Waiver. If you're looking for the stateside waiver, that's the I-601A. In either case, the hardship has to be to the USC petitioner. Unfortunately when it comes to USC children, USCIS is really looking at what the hardship would be for the petitioner--not the kids.

Just been asked to provide my biometrics...meaning we will be NOID'd soon.

[Crazy Cat 42,333]

Just now, hnj76 said:

Hmmmm....that is the issue then, isnt it?

 

Any advice?

 

If need be, I can resign job and go for lower back home.

Honestly, that might be your best alternative........or talk to a good attorney about.

[Mickey Dolenz 0]

3 minutes ago, Transborderwife said:

Return to the USA, seek out a lawyer familiar with AWA crimes, be advised that your wife if in overstay is deportable with or without her child at any point in time.

Thats what i am trying to work around is AWA....going after waiver needed to care for baby.

[Crazy Cat 42,333]

Just now, hnj76 said:

Just been asked to provide my biometrics...meaning we will be NOID'd soon.

That is where YOU are....correct?

[Transborderwife 4,666]

1 minute ago, hnj76 said:

Thats what i am trying to work around is AWA....going after waiver needed to care for baby.

You cannot.  At present you need to be the petitioner.  That is the only way.  There is no work around the AWA short of getting a waiver for your crime.  I'm sorry. It is what it is