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

[ManamiDogFan 0]

On 3/26/2018 at 9:32 PM, 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.

My Attorney said Canada and US lifestyle are similar and going to Canada for 1 year is too long and it may weaken our case. I’m in My home country Japan now but if it’s UK would it be ok? I don’t understand why Canada isn’t ok but my home country in japan is ok. She said 3 months of him visiting is ok and coming back is ok. 

[Going through 5,671]

4 hours ago, ManamiDogFan said:

My Attorney said Canada and US lifestyle are similar and going to Canada for 1 year is too long and it may weaken our case. I’m in My home country Japan now but if it’s UK would it be ok? I don’t understand why Canada isn’t ok but my home country in japan is ok. She said 3 months of him visiting is ok and coming back is ok. 

Canada and US lifestyle, economy, etc. are extremely similar so your attorney is correct in that opinion it would weaken your case.  A country next door like Canada is going to make the CO presume your husband could just live in Canada with you, especially if you're willing/able to set yourself up there for a year or so....as it shows you don't NEED to live in the United States.   I've visited the UK before several times and it is quite similar as well in my opinion.  Your home country is ok because it's your home country where he would be visiting you.  

 

A US citizen is guaranteed entry back into the US no matter how long he/she travels abroad----that's probably why your lawyer said it would be ok for him to visit back and forth with no issues.

[ManamiDogFan 0]

8 minutes ago, Going through said:

Canada and US lifestyle, economy, etc. are extremely similar so your attorney is correct in that opinion it would weaken your case.  A country next door like Canada is going to make the CO presume your husband could just live in Canada with you, especially if you're willing/able to set yourself up there for a year or so....as it shows you don't NEED to live in the United States.   I've visited the UK before several times and it is quite similar as well in my opinion.  Your home country is ok because it's your home country where he would be visiting you.  

 

A US citizen is guaranteed entry back into the US no matter how long he/she travels abroad----that's probably why your lawyer said it would be ok for him to visit back and forth with no issues.

Should 3 months be ok and if he come visit me back and fourth as in it shouldn’t weaken the case or what’s the longest he can visit? Would UK be better than studying in Canada? How long can I go overseas to study without weakening the case if I want to study abroad?

Edited April 5, 2018 by ManamiDogFan

[Going through 5,671]

5 minutes ago, ManamiDogFan said:

Should 3 months be ok and if he come visit me back and fourth as in it shouldn’t weaken the case or what’s the longest he can visit? Would UK or Canada be better than going to Canada? How long can I go to UK without weakening the case if I want to study abroad?

You need to continue to consult with your lawyer about those questions since he knows all the pertinent details about your hardship waiver that members don't know here....he would be the best to give you answers about the UK and how long you should be abroad for study purposes (or if you should go abroad to study at all).

 

You also have the added issue of overstaying for years in the US that could possibly affect your admission into Canada and the UK, since all 3 countries share immigration/visa info openly with each other.

 

What's stopping you from schooling in your home country while waiting out the hardship waiver?  Could your husband not visit you in Japan for 3 months at a time?

 

 

[ManamiDogFan 0]

1 minute ago, Going through said:

You need to continue to consult with your lawyer about those questions since he knows all the pertinent details about your hardship waiver that members don't know here....he would be the best to give you answers about the UK and how long you should be abroad for study purposes (or if you should go abroad to study at all).

 

You also have the added issue of overstaying for years in the US that could possibly affect your admission into Canada and the UK, since all 3 countries share immigration/visa info openly with each other.

 

What's stopping you from schooling in your home country while waiting out the hardship waiver?  Could your husband not visit you in Japan for 3 months at a time?

 

 

In Japan they don’t have any school programs I want to take and due to language barrier, that’s why I want to go to English speaking country. 

[ManamiDogFan 0]

On 4/5/2018 at 4:13 PM, Going through said:

You need to continue to consult with your lawyer about those questions since he knows all the pertinent details about your hardship waiver that members don't know here....he would be the best to give you answers about the UK and how long you should be abroad for study purposes (or if you should go abroad to study at all).

 

You also have the added issue of overstaying for years in the US that could possibly affect your admission into Canada and the UK, since all 3 countries share immigration/visa info openly with each other.

 

What's stopping you from schooling in your home country while waiting out the hardship waiver?  Could your husband not visit you in Japan for 3 months at a time?

 

 

I spoke to my lawyer and was told not to leave my home country for school or work while our case is pending. But for the worst scenario situation if I’m not able to re-enter to the US, my last option would be Canada. Would applying for the Canada’s working holiday visa now might affect my case? Only apply and not work? Because I received an invitation. Or would That be something I should ask my lawyer about that to make sure it won’t affect our case?

Edited April 7, 2018 by ManamiDogFan

[Going through 5,671]

2 hours ago, ManamiDogFan said:

I spoke to my lawyer and was told not to leave my home country for school or work while our case is pending.

If you lawyer specifically told you not to travel outside of your home country for school or work, you'd be better off listening to him.  He knows the specifics of your hardship waiver case.

 

2 hours ago, ManamiDogFan said:

Would applying for the Canada’s working holiday visa now might affect my case? Only apply and not work?

Doesn't make sense to go through all the trouble/expense of applying and not actually use the visa if you get it?

[ManamiDogFan 0]

8 minutes ago, Going through said:

If you lawyer specifically told you not to travel outside of your home country for school or work, you'd be better off listening to him.  He knows the specifics of your hardship waiver case.

 

Doesn't make sense to go through all the trouble/expense of applying and not actually use the visa if you get it?

Just for in case if I get denied by US immigration at the worst scenario is what I mean. Would it still affect?

[Going through 5,671]

6 minutes ago, ManamiDogFan said:

Just for in case if I get denied by US immigration at the worst scenario is what I mean. Would it still affect?

It's possible it will affect it, yes, because again US and Canada share immigration/visa info with each other.  No one can say for sure either way.

[ManamiDogFan 0]

My previous attorney told me we would have a stronger case if I stay in japan just a couple weeks ago and if I go somewhere else then I wouldn’t be experiencing current circumstances but I recently found out she quit without informing me about it. 

my case has been transferred to a new attorney. The new attorney told me he doesn’t anticipate that going to UK temporarily wouldnt weaken my case and he will still demonstrate hardship no matter where I am. Should I be ok? I want to live out of the country and study temporarily and he said that would be fine. He usually tells his clients do what they need to do in life and immigration will fit around it and he will demonstrate hardship no matter where I’m at. But just to be in the safe side I decided not to go to Canada for study because it’s next to the US and didn’t want any risk so that’s why I chose UK instead 

[JFH 12,191]

I don't understand what your question is. Why do you need to prove hardship? I would think financial hardship would be hard for anyone in Japan to prove, when you consider how some people in the world live. 

[Boiler 45,820]

Seems a continuation from previous threads, I am sure one of our friendly Mods will merge them.

[Ontarkie 14,341]

~~Related threads merged. Please keep all related or follow up questions to one thread. It helps members to give the best possible answers when all the information is in one thread.~~

[Penguin_ie 5,995]

Ultimately, we cannot tell you what will happen, because we are not USCIS officers.  And your lawyer knows more about your case than us. But it may be worth you getting a third (and perhaps 4th) opinion before applying for a Canadian visa or moving to the UK, since two lawyers told you very different things.

All that being said, here is my opinion:
- You moving to the UK  would make your case a little weaker, but not much.  It would make it weaker because it is an English speaking country, which would be easier for you to live in, and easier for your husband (who presumably also does not speak Japanese, and thus pretty much unemployable over there).
-  You applying for a visa to Canada would make your case a little weaker, because it shows you have options. You actually moving to Canada would make your case quite a bit weaker, because it is easier for your husband to immigrate there, or you could even live on either side of the border and commute daily- I know several couples who do that.
- Your husband visiting you in the UK/ Japan for a couple of weeks vacation will not cause any issues, unless part of his hardship is that he cannot travel at all.  Your husband moving there for 3 months (because three months is more than just visiting), will hurt the case quite a bit, because it shows he is independently wealthy/ doesn't need to work in the USA, and thus why not live there permanently.

[ManamiDogFan 0]

1 hour ago, Penguin_ie said:

Ultimately, we cannot tell you what will happen, because we are not USCIS officers.  And your lawyer knows more about your case than us. But it may be worth you getting a third (and perhaps 4th) opinion before applying for a Canadian visa or moving to the UK, since two lawyers told you very different things.

All that being said, here is my opinion:
- You moving to the UK  would make your case a little weaker, but not much.  It would make it weaker because it is an English speaking country, which would be easier for you to live in, and easier for your husband (who presumably also does not speak Japanese, and thus pretty much unemployable over there).
-  You applying for a visa to Canada would make your case a little weaker, because it shows you have options. You actually moving to Canada would make your case quite a bit weaker, because it is easier for your husband to immigrate there, or you could even live on either side of the border and commute daily- I know several couples who do that.
- Your husband visiting you in the UK/ Japan for a couple of weeks vacation will not cause any issues, unless part of his hardship is that he cannot travel at all.  Your husband moving there for 3 months (because three months is more than just visiting), will hurt the case quite a bit, because it shows he is independently wealthy/ doesn't need to work in the USA, and thus why not live there permanently.

How can I get a 3rd opinion? Do you mean from another US attorney? I’m planning to go to UK for 6-8 months and he would be just visiting for 2 weeks. I won’t be going to Canada because it would make it more weaker case. Also would you happen to know if it’s possible if the lawyer could still keep the current hardship letters and add on to it as an update when I’m in UK or is that something the attorney would only know? 

Edited April 29, 2018 by ManamiDogFan