My Attorney Said it’s OK to Goto Different Country While Doing Hardship Waiver

[ManamiDogFan 0]

I told the attorney I want to study in Canada and he said that’s fine, would it be ok if my husband stays for a couple months as a visitor? It shouldn’t affect our case? I’m in my home country in japan right now. But Canada is a similar country as the US so we can’t argue about Canada country economy. Can I still go to a college there for 1 year? Then I’ll come back to japan when it’s interview?

[JE57 239]

I've looked at your profile and your past posts.  It seems that your situation is this... You live in Japan, you''ve got some type of Ban from entering the USA based on past violations or inadmissibility and you plan to file a Waiver request that essentially will argue that your Husband in the USA can not move to be with you someplace in the world because of Hardship.   The attorney who is putting together you waiver case for you knows the argument that he or she is going to make.  Anything that your USC husband does that shows that he is able to move to be with you or spend significant time with you that does not require you entering the USA will almost certainly weaken the waiver case.   Without knowing the details of why you need a waiver it's difficult to say much more.  However,  if you are deemed to be inadmissible to the USA then your request study in Canada which shares immigration information with the USA is unlikely to be approved by Canada either.   In short, I know you want to be together with your husband, understandable.  But you are inadmissible to the USA for some reason so the USA to grant that waiver is going to basically require proof that they only way you can be with your husband anywhere in the world is to give you a waiver to enter the USA and immigrate there.  Anything you and your husband do that shows you are able to spend significant amount of time together someplace other than the USA almost certainly would weaken your case for a waiver.   However, again without knowing the circumstances around the ban or how your attorney plans to appeal that ban it's difficult to say.  

   

[ManamiDogFan 0]

7 minutes ago, JE57 said:

I've looked at your profile and your past posts.  It seems that your situation is this... You live in Japan, you''ve got some type of Ban from entering the USA based on past violations or inadmissibility and you plan to file a Waiver request that essentially will argue that your Husband in the USA can not move to be with you someplace in the world because of Hardship.   The attorney who is putting together you waiver case for you knows the argument that he or she is going to make.  Anything that your USC husband does that shows that he is able to move to be with you or spend significant time with you that does not require you entering the USA will almost certainly weaken the waiver case.   Without knowing the details of why you need a waiver it's difficult to say much more.  However,  if you are deemed to be inadmissible to the USA then your request study in Canada which shares immigration information with the USA is unlikely to be approved by Canada either.   In short, I know you want to be together with your husband, understandable.  But you are inadmissible to the USA for some reason so the USA to grant that waiver is going to basically require proof that they only way you can be with your husband anywhere in the world is to give you a waiver to enter the USA and immigrate there.  Anything you and your husband do that shows you are able to spend significant amount of time together someplace other than the USA almost certainly would weaken your case for a waiver.   However, again without knowing the circumstances around the ban or how your attorney plans to appeal that ban it's difficult to say.  

   

Would it be possible if I can go to a college myself in a different country? Would that weaken or should it be ok if it’s just myself living there? I was able to see my husband in Canada with Passport. Would it weaken if I go to any other country for college? I’m in japan and I can’t go to college out here due to language barrier.

Edited March 26, 2018 by ManamiDogFan

[ManamiDogFan 0]

44 minutes ago, JE57 said:

I've looked at your profile and your past posts.  It seems that your situation is this... You live in Japan, you''ve got some type of Ban from entering the USA based on past violations or inadmissibility and you plan to file a Waiver request that essentially will argue that your Husband in the USA can not move to be with you someplace in the world because of Hardship.   The attorney who is putting together you waiver case for you knows the argument that he or she is going to make.  Anything that your USC husband does that shows that he is able to move to be with you or spend significant time with you that does not require you entering the USA will almost certainly weaken the waiver case.   Without knowing the details of why you need a waiver it's difficult to say much more.  However,  if you are deemed to be inadmissible to the USA then your request study in Canada which shares immigration information with the USA is unlikely to be approved by Canada either.   In short, I know you want to be together with your husband, understandable.  But you are inadmissible to the USA for some reason so the USA to grant that waiver is going to basically require proof that they only way you can be with your husband anywhere in the world is to give you a waiver to enter the USA and immigrate there.  Anything you and your husband do that shows you are able to spend significant amount of time together someplace other than the USA almost certainly would weaken your case for a waiver.   However, again without knowing the circumstances around the ban or how your attorney plans to appeal that ban it's difficult to say.  

   

What’s a good way to ask my attorney? He said it’s ok but you have a point there. What should I say to him? I don’t know what to do 

[JE57 239]

So you live in Japan but can't speak Japanese and you want to go to College?  Again without the details of why you are inadmissible to the USA it's difficult to say.  Basically I believe you could go to or live in any country you want to live in and it should not affect your case.  However,  wherever you go if your Husband is able to spend significant time with you in that country than it would likely make the waiver more difficult to get as the USA would argue that they no longer need to admit you to the USA (grant your waiver) because you and your husband could be together in that country and therefore there is no hardship.  I can imagine a bunch of possible reasons why your Husband could not migrate to or visit Japan easily but when you start talking about a country next door to the USA (say Canada or Mexico) it's much harder to imagine why he could not visit you frequently in that country.   So for example if your husband can not travel on a plane due to some medical condition then as long as you live and study in a place that requires a plan flight then there negative effect on a waiver.  But if you can live and study in say Australia and choose to study there instead of near to the US Border in Mexico or Canada then it would be negative effect on your Visa. 

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Think about it like this...   The USA does not want you to enter they USA and has banned you from doing.  They do NOT want to change their mind... They would much prefer that your husband if he really cares about you move to another country to be with you.   You and your husband have to prove that he can not be with you in any way

[JE57 239]

You should talk with your husband and your attorney and figure out how they intent to pursue a waiver and what it will be based on and make decisions based on that.  Without those details no one here can give you good and solid advice.

 

[ManamiDogFan 0]

7 minutes ago, JE57 said:

You should talk with your husband and your attorney and figure out how they intent to pursue a waiver and what it will be based on and make decisions based on that.  Without those details no one here can give you good and solid advice.

 

 

Attorney told the paralegal that we can discuss about that once my husband and I both go to another country. But I want to know before we go so I won’t be worried. And I don’t want to mess up. Should I write like this “how would we intent to pursue a waiver and what it will be based on”? Or how should I ask in words when writing on email? I don’t know how to ask in words in email. 

And I left US without advanced parole because my grandma in japan was sick 

Edited March 26, 2018 by ManamiDogFan

[ManamiDogFan 0]

15 minutes ago, JE57 said:

So you live in Japan but can't speak Japanese and you want to go to College?  Again without the details of why you are inadmissible to the USA it's difficult to say.  Basically I believe you could go to or live in any country you want to live in and it should not affect your case.  However,  wherever you go if your Husband is able to spend significant time with you in that country than it would likely make the waiver more difficult to get as the USA would argue that they no longer need to admit you to the USA (grant your waiver) because you and your husband could be together in that country and therefore there is no hardship.  I can imagine a bunch of possible reasons why your Husband could not migrate to or visit Japan easily but when you start talking about a country next door to the USA (say Canada or Mexico) it's much harder to imagine why he could not visit you frequently in that country.   So for example if your husband can not travel on a plane due to some medical condition then as long as you live and study in a place that requires a plan flight then there negative effect on a waiver.  But if you can live and study in say Australia and choose to study there instead of near to the US Border in Mexico or Canada then it would be negative effect on your Visa. 

-

Think about it like this...   The USA does not want you to enter they USA and has banned you from doing.  They do NOT want to change their mind... They would much prefer that your husband if he really cares about you move to another country to be with you.   You and your husband have to prove that he can not be with you in any way

I’m thinking of studying in UK. However, everything is expensive there and difficult to get a job I heard especially Americans who tries to look for job there. But would UK be better option than Canada regarding to my case?

[Going through 5,671]

16 minutes ago, ManamiDogFan said:

I’m thinking of studying in UK. However, everything is expensive there and difficult to get a job I heard especially Americans who tries to look for job there. But would UK be better option than Canada regarding to my case?

UK, Canada and the USA share immigration/visa info, criminal info, and border control info with each other openly.  The same difficulties you face wanting to obtain a visa to study in Canada (depending on why you are inadmissible to the US) you may face in obtaining a visa to study in the UK (depending on why you are inadmissible to the US, and then later deemed inadmissible to Canada by Canadian authorities, if such the case).  All depends on why you are inadmissible to the US.

 

Also can cause issues with a hardship waiver if you end up studying/residing in the UK and your husband spends considerable time with you there.  Further proves that your husband doesn't NEED you to reside in the US with him.

 

 

Edited March 26, 2018 by Going through

[ManamiDogFan 0]

46 minutes ago, Going through said:

UK, Canada and the USA share immigration/visa info, criminal info, and border control info with each other openly.  The same difficulties you face wanting to obtain a visa to study in Canada (depending on why you are inadmissible to the US) you may face in obtaining a visa to study in the UK (depending on why you are inadmissible to the US, and then later deemed inadmissible to Canada by Canadian authorities, if such the case).  All depends on why you are inadmissible to the US.

 

Also can cause issues with a hardship waiver if you end up studying/residing in the UK and your husband spends considerable time with you there.  Further proves that your husband doesn't NEED you to reside in the US with him.

 

 

 

46 minutes ago, Going through said:

UK, Canada and the USA share immigration/visa info, criminal info, and border control info with each other openly.  The same difficulties you face wanting to obtain a visa to study in Canada (depending on why you are inadmissible to the US) you may face in obtaining a visa to study in the UK (depending on why you are inadmissible to the US, and then later deemed inadmissible to Canada by Canadian authorities, if such the case).  All depends on why you are inadmissible to the US.

 

Also can cause issues with a hardship waiver if you end up studying/residing in the UK and your husband spends considerable time with you there.  Further proves that your husband doesn't NEED you to reside in the US with him.

 

 

I’m inadmissible to the US because I was brought when I was a child and overstayed. I’m confused and worried because my attorney said it’s ok to visit each other in a different country. My husband and I already have a house in the US and that’s one of the reasons why I need to be there

Edited March 26, 2018 by ManamiDogFan

[Going through 5,671]

47 minutes ago, ManamiDogFan said:

I’m confused and worried because my attorney said it’s ok to visit each other in a different country.

It's ok to visit each other in a different country---nothing stopping you from doing that (except if you don't get approved for a visa to that country, of course).  What you had said in your original post was your husband staying with you for a few months at a time in those countries, which is something vastly different than just visiting you, and could weaken your husband's hardship waiver claim as noted by another person above.

 

55 minutes ago, ManamiDogFan said:

I’m inadmissible to the US because I was brought when I was a child and overstayed.

Quite possible Canada will follow the US and deny you entry as well, assuming you initially crossed the border without inspection and was given voluntary departure/deportation order later on.

 

Discuss with your lawyer all avenues regarding your possible schooling in another country, your husband visiting you for extended periods, and any possible outcomes it could have in regards to the hardship waiver.

[ManamiDogFan 0]

20 hours ago, Going through said:

It's ok to visit each other in a different country---nothing stopping you from doing that (except if you don't get approved for a visa to that country, of course).  What you had said in your original post was your husband staying with you for a few months at a time in those countries, which is something vastly different than just visiting you, and could weaken your husband's hardship waiver claim as noted by another person above.

 

Quite possible Canada will follow the US and deny you entry as well, assuming you initially crossed the border without inspection and was given voluntary departure/deportation order later on.

 

Discuss with your lawyer all avenues regarding your possible schooling in another country, your husband visiting you for extended periods, and any possible outcomes it could have in regards to the hardship waiver.

We sent out I 130 already back in Dec. but on the form, it said I 130. Should it still be ok even though I’ll be in a different country studying abroad?

 

The Attorney has my husband’s letter from his family and therapist. Those also says I’m in Japan. Including other hardships such as japans economy and other evidence about Japan. Can we still use those as evidence? Or do we have to do it ALL over again and do we have to change to Canada? I’m worried because my attorney told the paralegal that they will figure it out once I’m in Canada. I want to know right now. I’ll only be studying abroad for 1 year. 

And another thing is, Canada has the same economy and lifestyle as the US and is very similar. Would that have a negative impact? 

[Going through 5,671]

1 hour ago, ManamiDogFan said:

We sent out I 130 already back in Dec. but on the form, it said I 130. Should it still be ok even though I’ll be in a different country studying abroad?

The way you wrote this part of your question is confusing---not sure what you are asking.

[ManamiDogFan 0]

Just now, Going through said:

The way you wrote this part of your question is confusing---not sure what you are asking.

On the I 130 and I 601, we put that I’m currently in japan and so does all the other documents including the letters. Can I still keep Japan for our case instead of putting or changing it to Canada?

[Going through 5,671]

1 minute ago, ManamiDogFan said:

On the I 130 and I 601, we put that I’m currently in japan and so does all the other documents including the letters. Can I still keep Japan for our case instead of putting or changing it to Canada?

You would still leave it as Japan since you wouldn't be permanently residing in Canada and only studying there for a specific time period.  

You are also putting the cart before the horse, as the saying goes, since you have to be accepted into a program and approved for a student visa for Canada first before you can study there.  With the previous USA overstay, might have a negative impact on being approved for Canada but you can certainly try.

 

1 hour ago, ManamiDogFan said:

I’m worried because my attorney told the paralegal that they will figure it out once I’m in Canada. I want to know right now.

Tell your lawyer you want to know all of the pertinent information right now.