Need help for I-601 process and to prove extreme hardship

[Emran70 2]

Hi fellow VJ's, need your help and advice as many of you are experts and lawyer follow this website as well.

Last week I had my category F4 interview in Montreal. The sponsor is my brother-in-law and primary applicant is my wife, myself and 3 kids (19, 18 & 12 year). My wife and 3 kids got their immigrant visa approved and for me the CO said that I need I-601 waiver due to an overstay on part back in 1990's and the charge on me is 212(a)(60(C)(i) which is "Misrepresentation". Also since 2015 I have 5 year waiver / B1, B2 visa to visit USA which will expire November next year.

My question is that my wife never worked a day in her life and I am the sole earner of the house and kids are attached to me as well. If my wife immigrates to USA without me she won't be able to survive and getting I-601 waiver can take months. Would I be able to "Expedite" the I-601 waiver and would this qualify for "Hardship"???? Any help and advice is appreciated and also looking for recommendation if someone has gone through the I-601 waiver and knows a good lawyer??? Thanks in advance for your help and efforts.

[designguy 1,179]

Grounds for expediting due to hardship is for hardship being experienced by a USC petitioner not a foreign beneficiary so it is hard to see you qualifying. Best bet is probably to get a consultation from a lawyer to see if there is any case. This is a time sensitive matter as it seems that your wife and children have been approved (and potentially visas issues?), which would mean they must enter within 6 months of the visa issue date or expiration of the medical exam, which ever comes first. The average processing time is around 6 months or so for the I-601A.

 

Also what is your 5 year waiver?

[JFH 12,190]

If your wife is of working age and able-bodied there’s nothing to stop her working. What would she do if you lost your job for some reason? She would get a job herself. This is no different. 

 

 

[dwheels76 5,468]

1 hour ago, Emran70 said:

Hi fellow VJ's, need your help and advice as many of you are experts and lawyer follow this website as well.

Last week I had my category F4 interview in Montreal. The sponsor is my brother-in-law and primary applicant is my wife, myself and 3 kids (19, 18 & 12 year). My wife and 3 kids got their immigrant visa approved and for me the CO said that I need I-601 waiver due to an overstay on part back in 1990's and the charge on me is 212(a)(60(C)(i) which is "Misrepresentation". Also since 2015 I have 5 year waiver / B1, B2 visa to visit USA which will expire November next year.

My question is that my wife never worked a day in her life and I am the sole earner of the house and kids are attached to me as well. If my wife immigrates to USA without me she won't be able to survive and getting I-601 waiver can take months. Would I be able to "Expedite" the I-601 waiver and would this qualify for "Hardship"???? Any help and advice is appreciated and also looking for recommendation if someone has gone through the I-601 waiver and knows a good lawyer??? Thanks in advance for your help and efforts.

So your wife's brother petition for his sister and you and the kids are derivatives? I don't think a brother in law can request an expedite.

[Emran70 2]

@designguy , @JFH & @dwheels76Thanks for your quick reply and help. Yes this is actually a time sensitive matter. Looks like my best option to contact a lawyer. The CO has kept the passport of my wife and kids and gave them "Welcome to USA" letter. So they should be getting their visas next couple of weeks. Do you know any good lawyer???

As per my 5 year waiver, due to my overstay and being a Canadian i need "Advance Permission" to enter which is basically B1/B2 visa and also called I-192 or waiver.

[designguy 1,179]

3 minutes ago, Emran70 said:

As per my 5 year waiver, due to my overstay and being a Canadian i need "Advance Permission" to enter which is basically B1/B2 visa and also called I-192 or waiver.

Not sure why you would need the I-192 as well now as that form is for Advanced Permission to Enter as a Nonimmigrant which you clearly no longer fall under

[Emran70 2]

@designguy sorry for my confused explanation, yes i know i don't need I-192 anymore this is what i used for the past 5 years to visit US but now i need to get I-601.

[Boiler 45,564]

Wife can file for a waiver once she becomes a LPR. Wife has a sponsor.

Edited September 15, 2019 by Boiler

[Emran70 2]

@Boiler Thanks for the suggestion, do you think it better to file the I-601 after she and kids enter the US or is it better to do it now while they are still here (Canada). Once wife and kids gets the visa they are planning to go in Dec/Jan time.

[Boiler 45,564]

Well the person requesting a waiver has to be a USC or LPR so that step first, she seems the only possible Qualifying Relative. And then the hardship is essential hers in you not moving to join her. Assuming the children also move then their hardships can be included.

[kzielu 1,149]

10 hours ago, Emran70 said:

@Boiler Thanks for the suggestion, do you think it better to file the I-601 after she and kids enter the US or is it better to do it now while they are still here (Canada). Once wife and kids gets the visa they are planning to go in Dec/Jan time.

She would have to file a petition for you first after becoming LPR - as Boiler indicated. Once that goes through and after your PD is current, you can explore the waiver option.  That's a couple of years timeline wise.