Question about waivers and extreme hardship

[Jenny17655 284]

OK maybe I am misunderstanding this completely but I am very confused.  Hypothetical scenario, say someone has their visa denied because of minor drug offense from long ago.  The embassy says this offense is eligible for a waiver.  So now the applicant has to prove extreme hardship for the waiver to be approved????  The extreme hardship would qualify for an expedite, I thought.  Most people do not fit the extreme hardship category.  So although they are eligible for a waiver they probably won't get it.  If I am completely wrong please explain to me what I am missing.

[Jojo92122 1,924]

22 minutes ago, Jenny17655 said:

OK maybe I am misunderstanding this completely but I am very confused.  Hypothetical scenario, say someone has their visa denied because of minor drug offense from long ago.  The embassy says this offense is eligible for a waiver.  So now the applicant has to prove extreme hardship for the waiver to be approved????  The extreme hardship would qualify for an expedite, I thought.  Most people do not fit the extreme hardship category.  So although they are eligible for a waiver they probably won't get it.  If I am completely wrong please explain to me what I am missing.

The petitioner (not the visa applicant) must prove an extreme hardship to the petitioner to qualify for the waiver.  An extreme hardship to the applicant is irrelevant.

USCIS is not going to expedite an extreme hardship request. 

 

If they don't meet the extreme hardship requirement, they aren't eligible for the waiver.  (There is no such thing as not meeting the extreme hardship requirement and being eligible for the waiver.  Being able to apply for a waiver is not the same as being eligible for a waiver.  Many can apply, but only some are eligible after proving their extreme hardships.)

 

What is this hypothetical minor drug offense from long ago?  

Edited May 23, 2018 by Jojo92122

[Boiler 45,486]

Theoretical a waiver can be expedited, most waivers would be I 601's which take c 14 months.

 

Usually the Petitioner would engage the service of a Lawyer, some people are capable of DIY but seems not that case here.

[Jenny17655 284]

9 minutes ago, Jojo92122 said:

The petitioner (not the visa applicant) must prove an extreme hardship to the petitioner to qualify for the waiver.  An extreme hardship to the applicant is irrelevant.

USCIS is not going to expedite an extreme hardship request. 

 

If they don't meet the extreme hardship requirement, they aren't eligible for the waiver.  (There is no such thing as not meeting the extreme hardship requirement and being eligible for the waiver.  Being able to apply for a waiver is not the same as being eligible for a waiver.  Many can apply, but only some are eligible after proving their extreme hardships.)

 

What is this hypothetical minor drug offense from long ago?  

From my hours of reading in the forums I see that a one time marijuana offense would be the only drug related incident, for example, that may be eligible for a waiver.  So then the USC has to prove extreme hardship for beneficiary to benefit from that waiver???

[Boiler 45,486]

Very much depend on the particular situation, obviously may drug issues are not waiverable.

[Jojo92122 1,924]

5 minutes ago, Jenny17655 said:

From my hours of reading in the forums I see that a one time marijuana offense would be the only drug related incident, for example, that may be eligible for a waiver.  So then the USC has to prove extreme hardship for beneficiary to benefit from that waiver???

For a hypothetical, you got some specific concerns there.  Read the waiver instructions to see if your beneficiary may be eligible for the waiver.  It depends on what the beneficiary's hypothetical drug offenses are.

 

The USC has to prove an extreme hardship to him/her in order for the beneficiary to get the waiver.  It has to be more than merely missing the person.

[Jenny17655 284]

3 minutes ago, Jojo92122 said:

For a hypothetical, you got some specific concerns there.  Read the waiver instructions to see if your beneficiary may be eligible for the waiver.  It depends on what the beneficiary's hypothetical drug offenses are.

 

The USC has to prove an extreme hardship to him/her in order for the beneficiary to get the waiver.  It has to be more than merely missing the person.

Well you asked for a specific example so I just tried to give you one.  This is not MY concern as I haven't even received my NOA2 yet.  I was just trying to understand how the waiver eligibility and extreme hardship go together. I have had 6 months to read everything and this is unclear to me

Edited May 23, 2018 by Jenny17655

[geowrian 22,337]

An extreme hardship to qualify for a waiver is different than a expedite request. A hardship can include separation from children, mental issues requiring care, physical issues requiring assistance, etc. Specifics matter, and a well presented waiver goes a long way.

[Ontarkie 14,221]

~~Moved to General Immigration Discussion, from K1 P&P - The OP is asking a hypothetical question.~~