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Immigration Law Question: Hardship waiver

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  • Immigration Law Question: Hardship waiver

    I am a 75 year old American citizen married to a 40 year old caregiver for two years. We love and care for each other deeply and he contributes most of the support for our union. He certainly did not marry me for my money because I have very little. We were friends for four years before we decided to marry for whatever life I have left. We are living in Rosarito, Mexico but it is getting very dangerous here and we were recently robbed at gunpoint. I also have severe spinal stenosis and need to return to the US for a complicated operation that may leave me in a wheelchair. My doctor is in Las Vegas and we will have to move there. He is capable of supporting both of us but I need the US Medicare.

    He was in the US illegally about 8 years ago but voluntarily deported...We are going to apply for a hardship waiver but my health problems are getting so severe that I can walk only with his and the assistance of a walker. I also can no longer see well enough to drive.
    Does anyone know how we can apply to expedite this process of waiting 10 years? We know he is not eligible for a visa.

  • #2
    I am a 75 year old American citizen married to a 40 year old caregiver for two years. We love and care for each other deeply and he contributes most of the support for our union. He certainly did not marry me for my money because I have very little. We were friends for four years before we decided to marry for whatever life I have left. We are living in Rosarito, Mexico but it is getting very dangerous here and we were recently robbed at gunpoint. I also have severe spinal stenosis and need to return to the US for a complicated operation that may leave me in a wheelchair. My doctor is in Las Vegas and we will have to move there. He is capable of supporting both of us but I need the US Medicare.

    He was in the US illegally about 8 years ago but voluntarily deported...We are going to apply for a hardship waiver but my health problems are getting so severe that I can walk only with his and the assistance of a walker. I also can no longer see well enough to drive.
    Does anyone know how we can apply to expedite this process of waiting 10 years? We know he is not eligible for a visa.

    Comment


    • #3
      Because you're living (I assume legally) in Mexico, you may be eligible to use Direct Consular Filing, which generally goes much faster. Not sure it would speed up the waiver process, but it would make getting to that point quicker. Check with the nearest US Consulate to see if it's an option. Other than that, there's no expediting for family-based visas.
      **************************************
      The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

      Comment


      • #4
        Just re-read and wanted to clarify that the hardship waiver, if approved, nullifies the 10 year entry bar.

        Also, make sure you have lots of evidence of a bonafide marriage. The age gap between you and your husband may raise some eyebrows at the USCIS.
        **************************************
        The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

        Comment


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by RMartin:
          I am a 75 year old American citizen married to a 40 year old caregiver for two years. We love and care for each other deeply and he contributes most of the support for our union. He certainly did not marry me for my money because I have very little. We were friends for four years before we decided to marry for whatever life I have left. We are living in Rosarito, Mexico but it is getting very dangerous here and we were recently robbed at gunpoint. I also have severe spinal stenosis and need to return to the US for a complicated operation that may leave me in a wheelchair. My doctor is in Las Vegas and we will have to move there. He is capable of supporting both of us but I need the US Medicare.

          He was in the US illegally about 8 years ago but voluntarily deported...We are going to apply for a hardship waiver but my health problems are getting so severe that I can walk only with his and the assistance of a walker. I also can no longer see well enough to drive.
          Does anyone know how we can apply to expedite this process of waiting 10 years? We know he is not eligible for a visa. </div></BLOCKQUOTE>


          Hi,

          If she's been in the US illegally and have been deported then I am afraid to say that sometimes it requires a decade before the penalty is lifted.
          George Combey
          gimme info on green card application

          Comment


          • #6
            Actually, deportation and voluntary departure can be addressed with a waiver as well.
            **************************************
            The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

            Comment


            • #7
              Your application will be denied. The consular officer will clearly see this a fraud.

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Aroha:
                Because you're living (I assume legally) in Mexico, you may be eligible to use Direct Consular Filing, which generally goes much faster. Not sure it would speed up the waiver process, but it would make getting to that point quicker. Check with the nearest US Consulate to see if it's an option. Other than that, there's no expediting for family-based visas. </div></BLOCKQUOTE>PEACH433@YAHOO.COMThank you for all your advice. I will ask my attorney about the waiver today

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