how to pick a lawyer?

[KHandME 0]

OK, I go back and forth between thinking this can be done and then falling into despair that Nothing is going to change.

husband (EWI) just spoke with a lawyer who told him that our case was basically impossible (i.e. would not be pardoned with the 601). She (the lawyer) asked the following questions:

How long have we been married? (dec 2004)

Have I always worked?

Has my husband worked?

My husband explained what we believe fall under Hardship categories:

I am responsible for elderly parent with memory loss, who would be seriously affected if I were to leave the country

My back surgery in 2006, and still in recovery

Diagnosis of depression

Close family relationship with my daughter from previous marriage

Basically, she said that these are not strong enough to qualify for Extreme Hardship, and she suggested that we should WAIT for the REFORM!! I AM TIRED OF WAITING.

We were told to wait in 2005; I have just recently requested the NVC to reopen our case since I did not submit the Affidavit of Support within the year; and NOW THIS? (NOTE: We received approval on the I130 in late Oct/Nov 2005)

IF I apply for the Visa, am I sending my husband away for 10 YEARS?!!?

People wonder WHY I AM SO DEPRESSED!!

thanks to anybody who takes the time to pass by!

PS: I have read the approved letters; I have read Laurel Scott's memo; I have spoken to lawyers. I have been here, there, and everywhere. I DON'T KNOW WHAT TO DO!!

[kitkat1 5]

Does that lawyer have specific experience with waivers adjudicated through the consulate you would go through? If not, she doesn't have enough experience to determine if your hardships are sufficent. All of the things you mentioned are strong hardships (medical is the strongest) and if written well with strong proof, there is no reason to think it wouldn't be approved. And whether or not you or he works has little impact on a waiver letter as financial issues are not of the most importance.

The decision to wait for reform is personal - if I were in your position I wouldn't wait. There is no way to know if the final law will cover your husband and there is no way to know how long a new bill will take. In the meantime, he's deportable every day - that would be too nerve-wracking for me.

I know you've talked to people and done research - have you done a phone consult with Laurel Scott? I would trust her opinion on how hard your consulate is known to be, and take her advice!

[RhondaM 0]

OK, I go back and forth between thinking this can be done and then falling into despair that Nothing is going to change.

husband (EWI) just spoke with a lawyer who told him that our case was basically impossible (i.e. would not be pardoned with the 601). She (the lawyer) asked the following questions:

How long have we been married? (dec 2004)

Have I always worked?

Has my husband worked?

My husband explained what we believe fall under Hardship categories:

I am responsible for elderly parent with memory loss, who would be seriously affected if I were to leave the country

My back surgery in 2006, and still in recovery

Diagnosis of depression

Close family relationship with my daughter from previous marriage

Basically, she said that these are not strong enough to qualify for Extreme Hardship, and she suggested that we should WAIT for the REFORM!! I AM TIRED OF WAITING.

We were told to wait in 2005; I have just recently requested the NVC to reopen our case since I did not submit the Affidavit of Support within the year; and NOW THIS? (NOTE: We received approval on the I130 in late Oct/Nov 2005)

IF I apply for the Visa, am I sending my husband away for 10 YEARS?!!?

People wonder WHY I AM SO DEPRESSED!!

The best thing that I have read/used regarding the subject is the following link. I think you have said that you have read it, but here it is again.

http://www.visacentral.net/I601Memo.pdf

This memo really spells things out for you in simple terms to let you know whether or not your "hardships" are convincing enough to help. I prepared the document myself and was extremely careful to get letters notarized and original documents that I felt showed each hardship. I chose not to use a lawyer as I had spent thousands already trying to do the k-1 filing. In our case, it was determined that we never needed the 601, nevertheless--this link is so very well written that I think you should read it. Do not despair.......there is always hope.

Also if you need help, I hear people recommend Laurel Scott. I do not have first hand knowledge of her, but some people posting have used her or have consulted with her by phone.

These of course are only suggestions.

I wish you luck.

[dwar49 0]

Determining hardship is a very subjective decision. what might prove extreme hardship in one case may not be enough in and of itself in another. There are no hard and fast guide lines for proving extreme hardship. the only way you are going to find out is to file the I-601 and see what they decide.

However since your husband is in the states, you may be opening up a can worms. I strongly recommend that you find a good lawyer (good luck on that) that has dealt with the consulate that you will be using. Also the lawyer should be an expert in cases where the foreign national is in the US illegally.

Also just for information proving extreme hardship alone does not guarrantee that your waiver will be approved. By their own admission we proved extreme hardship but our waiver was still denied. Our waiver was for a simple overstay with no criminal activity.

Also you did not mention if your husband was already under an order to leave the US. If he is, a I-601 may not enough. In accordance with the law, once you are under order to leave the US, that is considered the same as actually being deported.

Bottom line waiting for any type of reform may be a long time coming and even when it does there is a good chance that it wont help your situation. Strongly recommend that you proceed with the paperwork to at least attempt legalizing your husband. Once the new reforms are in place those that do not fall under the new rules (whatever they may finally be) will find themselves in even more trouble than they are now.

[KHandME 0]

THANK YOU for always being there. It makes a big difference.

After posting this message, I went into a state of depression, and anger, which resolves nothing, of course. I did not see any of the very KIND and helpful replies to my question.

I am SERIOUSLY considering the consult with Laurel, and I have spoken to my husband about the $5000 fee; it is difficult to negotiate between being an understanding wife and trying to explain that the information that I read here and on other sites, DO NOT recommend waiting for a reform. He hears completely different information on the Spanish news, and from family and friends who believe that once he leaves the US he will never be allowed to return.

To the person who asked if he is under order to leave, NO, HE IS NOT. The I130 was approved, and we were supposed to proceed with the Visa process by submitting the Affidavit of Support. A year passed and I have notified the NVC to reopen our case, and I am waiting to their letter to proceed. I WILL NOT WAIT FOR ANY MIRACLES.

The only thing I am unsure of is the lawyer issue; I don't have the $5000 for Laurel. Does anybody know how her payment schedule works?

Does that lawyer have specific experience with waivers adjudicated through the consulate you would go through? If not, she doesn't have enough experience to determine if your hardships are sufficent. All of the things you mentioned are strong hardships (medical is the strongest) and if written well with strong proof, there is no reason to think it wouldn't be approved. And whether or not you or he works has little impact on a waiver letter as financial issues are not of the most importance.

The decision to wait for reform is personal - if I were in your position I wouldn't wait. There is no way to know if the final law will cover your husband and there is no way to know how long a new bill will take. In the meantime, he's deportable every day - that would be too nerve-wracking for me.

I know you've talked to people and done research - have you done a phone consult with Laurel Scott? I would trust her opinion on how hard your consulate is known to be, and take her advice!

THANK YOU KITKAT!!

[KHandME 0]

The best thing that I have read/used regarding the subject is the following link. I think you have said that you have read it, but here it is again.

http://www.visacentral.net/I601Memo.pdf

This memo really spells things out for you in simple terms to let you know whether or not your "hardships" are convincing enough to help. I prepared the document myself and was extremely careful to get letters notarized and original documents that I felt showed each hardship. I chose not to use a lawyer as I had spent thousands already trying to do the k-1 filing. In our case, it was determined that we never needed the 601, nevertheless--this link is so very well written that I think you should read it. Do not despair.......there is always hope.

Also if you need help, I hear people recommend Laurel Scott. I do not have first hand knowledge of her, but some people posting have used her or have consulted with her by phone.

These of course are only suggestions.

I wish you luck.

Thank you for taking the time to reply. I am glad that your case turned out well, and I am VERY afraid of picking the wrong lawyer. I am considering the consult with Laurel because we will need the 601 Waiver.

[KHandME 0]

Determining hardship is a very subjective decision. what might prove extreme hardship in one case may not be enough in and of itself in another. There are no hard and fast guide lines for proving extreme hardship. the only way you are going to find out is to file the I-601 and see what they decide.

However since your husband is in the states, you may be opening up a can worms. I strongly recommend that you find a good lawyer (good luck on that) that has dealt with the consulate that you will be using. Also the lawyer should be an expert in cases where the foreign national is in the US illegally.

Also just for information proving extreme hardship alone does not guarrantee that your waiver will be approved. By their own admission we proved extreme hardship but our waiver was still denied. Our waiver was for a simple overstay with no criminal activity.

Also you did not mention if your husband was already under an order to leave the US. If he is, a I-601 may not enough. In accordance with the law, once you are under order to leave the US, that is considered the same as actually being deported.

Bottom line waiting for any type of reform may be a long time coming and even when it does there is a good chance that it wont help your situation. Strongly recommend that you proceed with the paperwork to at least attempt legalizing your husband. Once the new reforms are in place those that do not fall under the new rules (whatever they may finally be) will find themselves in even more trouble than they are now.

I am sorry that your waiver was denied. Our case is similar; the grounds are for overstay only. Was your waiver prepared by a lawyer? Did you know the approval rates in the country when you prepared the waiver? I wish you the best of luck in appealing the denial.

thank you for replying to my post.