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Extreme Hardship

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  • Extreme Hardship

    How can one prove that the spouse of an immigrant will suffer hardship if he or she is not permitted to return to the country? If my husband has already been deported, but a waiver for his situation appears later, can he be readmitted to the country? If so, how can I prove hardship and are they reasonable about it?
    I was reading the Immigrant Fairness Restoration Act of 2001 and they have a waiver for my husband pending. Can he begin the process again if my I-130 was approved and he was apprehended at our marriage interview?

  • #2
    How can one prove that the spouse of an immigrant will suffer hardship if he or she is not permitted to return to the country? If my husband has already been deported, but a waiver for his situation appears later, can he be readmitted to the country? If so, how can I prove hardship and are they reasonable about it?
    I was reading the Immigrant Fairness Restoration Act of 2001 and they have a waiver for my husband pending. Can he begin the process again if my I-130 was approved and he was apprehended at our marriage interview?

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    • #3
      do you have kids cleo ??
      Hardship is something really hard to prove..

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      • #4
        No, I don't have kids. But I will one day. will they be merciful to my husband and I if they see that we are still together after 10 years? They can't just force us to stop being married to one another!

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        • #5
          Cleogirl,

          Miracles do happen everyday, anywhere you read about this waiver, you'll find it very discouraging. Hardship waiver can be proved in areas such as emotional, health, financial, country of your husband (if you all move there), etc. See other post regarding hardship waiver.

          Do a lot of research, cases and decisions vary. Also, the presentation of the waiver is necessary.
          And most of all, lots of prayers. Bear in mind that approval of this waiver is at the "discretion" of the reviewer.

          God bless

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          • #6
            You'll probably end up living in his country. INS doesn't care , they know its "hard" on you to be away from him, but you have to show how it's extreme, like the result of you moving to his country will cause a death, ie, your a caregiving for someone....

            Good luck

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            • #7
              Hi. I am going through something similar... we have an interview at which we will present the materials in december. I will definitely try to keep this board up to date on how it goes.

              I would like to respond to the question about what happens after 10 years. Well, from what a lawyer has told me (at least in our case), after the bar has ended the bar is over. So it should be relatively easy for him to re-enter.. i.e. only the normal steps will be necessary and no waivers or other ridiculous measures.

              What we don't know is ... what status the laws will be in, in 10 years.

              If you want to contact me.. try changetheinslaws@yahoo.com I can try to keep you up to date on what we have done, are doing and what the results will be (although we have quite a while to wait before we get the results.)

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              • #8
                Hi spouse,

                would you mind if I ask you few questions please,
                cause I am working on a waiver for hardship too.
                are you going to present yr material in front of an IJ or just an INS officer ?
                I am going to re apply for AOS after being denied
                and I have to submitt a waiver for hardship one more time after the first one was denied and since the INS are not sending me a notice to appear in front of an INS judge.
                can you ask to see a judge if the INS do not send you a notice ??

                Thank you for sharing your experience.

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                • #9
                  First of all, you must be sure that a waiver exists for your husband. If memory serves me correctly, your husband claimed US citizenship - something for which no waiver exists.
                  If however, your husband was found ineligible or inadmissable for some other reason, but was inadmissable for a certain period of time (sounds like maybe 10 yrs?) a waiver can be applied for (after the I 212 is approved - permission from the Att General to be readmitted - necessary if your husband was (or is about to be) deported) but you have to demonstrate "extreme hardship" which is NOT mere separation. What is extreme hardship? Well, it has not been defined in exact terms. But if you are not financially dependent upon your husband's income (illegal work???) nor have children, well, extreme hardship is much much tougher to demonstrate.

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                  • #10
                    there are hardship cases online, with outcome you wouldnt expect. I just hope your INS "officer" is in a good mood

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                    • #11
                      Hi. I am afraid that I am going to have to plead ignorance of the abbreviation IJ, could you specify it's meaning for me?

                      Basically, in my case, my husband was removed (before we were married) when he tried to re-enter the USA legally. He was given a 5 year bar and is currently living in his home country.

                      In December he is scheduled for an interview with the consulate there. To my understanding, while he/we are there, he/we will give the documents requesting hardship to the interviewing INS officer, and will then wait however long it takes for them to make a decision.

                      Since it is not a AOS situation, proceedings may be somewhat different, although I am sure that the necessary content is the same.

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                      • #12
                        Thank you spouse for taking time to share yr experience...
                        IJ = INS JUDGE

                        good luck to you...your case doesn't sound that
                        complicated...wish you all the best ...

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                        • #13
                          Good Luck to you as well!!!!

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