Hi, Everyone :)
OK, here's a more specific question that hopefully someone has the answer to and might be willing to speak on.
If one facing removal seeks a cancellation of deportation (do they still call it tha?), one must prove extraordinary and extremely unusual hardship to USC spouse or children. Virtually impossible task, I hear. So, perhaps it would be better to wait until person is deported, marry them after they are out of the country, if not already married (because chances of obtaining greencard might be better if not married while undergoing removal proceedings), and try to apply for a waiver. I have not been able to find anywhere the "extraordinary and extremely unusual" hardship to USC requirement in said waiver application. Has anyone else? Or must we just prove plain old hardship? I know that it wouldn't really make sense if this were true, but I'm hoping, and God knows I've read crazier stuff than that. Also, does anyone have any idea how difficult it is to obtain a temporary visitor or student visa after removal if married to a USC?

I would greatly appreciate any knowledge anyone could share!
Thank you,
juju

My understanding is that extreme hardship is very difficult to prove and ideas as to what the INS are looking for are not posted anywhere. However, things like having to maintain two homes, children having to live without one of their parents are general ideas. I think once you have been removed that the visa route is not viable and would probably be almost impossible to obtain and I personally would file the waiver, file appeals etc..etc.... it all depends on the circumstances surrounding the removal.

Thanks for the input, REM :)

Has anyone ever heard of someone that was deported being able to obtain a temporary visistor or student visa? From what I've read, it sounds atleast possible...

Thanks again,
juju

Juju,

Did they grant your husband a voluntary departure? If they did, you can depart to Kuwait together and get married over there. And then you can start his visa process over there. I think, that time he would have to file a I-601 waiver.

http://www.ins.gov/graphics/formsfee/forms/i-601.htm

If he gets deported, (I mean not voluntarily) then he would file the I-212 waiver...

http://www.ins.gov/graphics/formsfee/forms/i-212.htm

I suggest you making a research about these. I am not an expert in immigration as you know :-)

Good Luck to you both...

Exceptional and extremely unusual hardship to a USC/LPR spouse, parent or child is a very difficult burden to establish in the context of removal proceedings. For a recent discussion of the topic, goto the following Board of Immigration Appeals decision -

http://www.usdoj.gov/eoir/vll/intdec/lib_vol23idxnet.html

As for the strategy you are proposing of taking an order, marrying, and trying for a waiver, my knee jerk reaction is to be very careful b/c it's not that simple. It depends on your charges of removal, immigration history, family circumstances, then other intangibles like what country are you returning to, consulate you'll deal with, INS district you're dealing with on the waiver, etc... Not an easy topic to discuss on a discussion board and definitely not one for weak stomachs...

- rrv
e/m: rvelasquez@srs-law.com

rrv ans bushmaster,
Thanks again for the input :)

He will be asking for voluntary departure.
I'm wondering if the 1-601 waiver is as difficult to obtain as the 1-212 waiver. Hopefully not, but I know it's a long shot.

Thanks much,
juju

I forgot that there is a requirement of time spent in US for cancellation of removal, so that's not even an option.

I guess that makes my decision easier :)

Thanks again guys,
juju

An OPTION
If no country wants to take your hubby china is always ready to take hard workers and you can come too they need english teachers.

Thanks Chineese :)
That brought a smile to my face :)
Very sweet.

Thanks to everyone else, too. You're awesome and make me feel warm and fuzzy inside.
juju

In the thoroughly confusing posts of juju

{HATE KILLS}

{Civilized people should respect all human life}

{You ppl are awfully quick to condemn. How disappointing}

{You'll die young harboring such anger.
Though this surely wouldn't bother me in the least. <--- }

Can you say hypocrisy?
What is more condemning than wishing death on someone?
Get a grip, Missy. Lay off the caffiene.

How cute!
I have a groupy :P

Lotsa groupies, count me in. we all hate your whinning equally. Good job ouch! U expose the hypocrite.

juju,

we can hear all the time that this kind of waiver is hard to be approved especially after the 1996 Law. Before, after 10 years, the fraud can be erased by maintaing a good record... but since law changes all the time -- our chances is different each day. Extreme harsdhip is really hard to prove and even though it was demonstrated -- it is STILL the DESCRETIONARY DECISION of who's handling the case. PRAYER is the only weapon we have, to pray that the person who will decide will be considerate. If you will read the posted cases in the Administrative Review (INS) for 1-601. there's only probably 2 that were approved and most of them were denied, "Language Barrier", fraud committed by minor were the only approved cases. They mentioned also the case of CERVANTES. If the waiver got denied, it will then be passed to BIA, who I believe give you the chance to be heard. Just fight, fight and fight, a good lawyer may be a must and of course a good amount of money. Check about CLINIC (Catholic Charities Immigration Lawyers.)

Good luck and God bless.

blessedone,
Thank you so much for sharing what must be many hours of research with me. It is very kind of you. There is always room for hope and prayer - for all of us. I will call CLINIC on Monday. Thank you again, and God bless!

Juju,

I was worrying about the overstay ban in case I have to go back and asked a couple people who are in immigration business.

Here the answer I got:

"Basically yes, if you depart the US, even voluntarily, because of your overstay you would be faced with a 10 year ban on re-entry which would be enforced despite your marriage to a US citizen unless and until you were able to file and have approved a waiver of excludability. These waivers are (almost) entirely based on the emotional and financial hardship that your absence would subsequently cause a US citizen (your spouse), and with correct wording aren't all that difficult to obtain if genuine hardship would exist. However, if you were faced with such a ban you would be wise to have a competent immigration attorney file the waiver for you, since this would improve the chances of approval."

Well, blessedone is right, God is in control, let him work on your situation. Our worries give us nothing but they take away our peace. When you lift up the situation to God, he will do miracles in your life. I experienced it.

OMG, I thought juju seemed so sweet. She really did wish death on someone. I read the posts to make sure it was not just an accusation. I am so very dissapointed.

Bushmaster,
That is good news, I think. I mean, the fact that it is not totally impossible to obtain a waiver if hardship can be proved. Thank you SO much for sharing that information!!!

Katherine,
I did NOT wish death on anyone. I just said I wouldn't miss him if he were gone. Why would I? Forgive me for being human, but some ppl can really be upsetting. I would never miss the kind of hatred that tb has expressed here, and I don't apologize for that. However, that's a far cry from wishing death on someone.

Juju lets kill katherine too. She disagrees with you.

Juju, the sentiment is the same.

What strikes me is that I see you running willy nilly around this board trying to reign in the behavior of other posters. If you are going to do that, you'll have to first make sure that your own behavior is exemplary.

You were talking about CLINIC...WHAT kind of organisation is that...how can I contact them...
are they good lawyers ? How are their fees ?
Do they have a website..or a phone number ???
thank you for your reply...