I601 RFE

[dreamhigh123 0]

Hello friends,

we received the RFE for my dad i601 today. He committed a crime over 30 years ago. The RFE is asking to prove either or 

1. rehabilitation 

2. extreme hardship

since it is asking either or, should I submit both or just one.  Adding the letter for reference 

[Boiler 45,516]

Does he have a Qualifying Relative?

[dreamhigh123 0]

7 minutes ago, Boiler said:

Does he have a Qualifying Relative?

Yes my mom is here in the US and me 

[Boiler 45,516]

I take it your Mother is a USC or LPR.

[dreamhigh123 0]

23 minutes ago, Boiler said:

I take it your Mother is a USC or LPR.

She’s a lpr. I guess my concern is in this case does provide more than what they ask ll be helpful or backfired 

[Boiler 45,516]

My first thought was if you have an option, and you can go either way. 

 

I am much more familiar with extreme hardship, so for me that would be the more obvious option. I am not sure about the Rehabilitation route, I assume he has had so subsequent issues with the law. May depend on the nature of his offence. The other thing that comes to mind is what he has done to rehabilitate himself and how it can be evidence.

 

I do not remember a similar case. Maybe somebody else does.

[Used to be broken 147]

I would do both  because I am "extra" on everything but also it likely will double the chance of approval if you can prove both 

[Ra2023 11]

As of my knowledge your father need I 601 waver to file, and show hardship.

[jd2502 29]

When did you file your i601 petition. I am in the process to file a petition for my mom and wanted to know the timeline after filing.  Thanks!

[Austin96 15]

I would say the Rehabilitation route may be slightly an easier route than demonstrating extreme hardship on the proviso that the conviction (CIMIT) is over 15 years. In order to demonstrate Rehabilitation, the following factors would be necessary i.e. no further criminal convictions, steady employment, demonstrate that the individual has volunteered in the community/church etc, character letters from family and friends acknowledging that they are aware of the individuals conviction as well as stating that the individual in their opinion is now trustworthy, hard working, dependable, honest and in their opinion is rehabilitated etc. Additional letters from the volunteering organization/ employer etc would also support rehabilitation. In addition the individual is also required to provide a personal statement explaining the events that led to the conviction and in doing show also show great remorse and ask for forgiveness. Additional factors towards showing rehabilitation may also include but are not limited to any non immigrant waivers that may have been approved, any trips to the USA and returning back to home country in a timely manner under the visa/waiver conditions etc.

Hope this helps