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  • I-601 - embassy letter

    As anyone who has been following my case knows, when we first applied for the waiver, they did not accept all of our supporting documents. After a recent call this is the letter that I received. There is nothing personal nor new in this letter... but I think it provides a pretty good summary of what should be included in a waiver. So, I thought I would share.


    Dear Applicant,

    This is in reference to the Application for Waiver of Grounds of Excludability
    (I-601) you filed in conjunction with your application for an Immigrant Visa.
    This discretionary waiver is provided for under sections 212 (9)(B)(v) and 212
    (i) of the Immigration and Nationality Act. Favorable consideration of such
    application requires a finding that the refusal of admission to the United
    States of such immigrant alien would result in extreme hardship to the U.S.
    citizen or lawful permanent resident spouse or parent of such alien. Approval
    also requires a favorable exercise of discretion from the Attorney General.
    Accordingly, all factors, the favorable against the unfavorable, are evaluated
    in each case.

    Your U.S. citizen or lawful permanent resident spouse or parent is requested to
    furnish all evidence and/or explanation deemed appropriate to demonstrate that
    your refusal of admission to the United States would result in extreme hardship
    to them. This can include letters written by your spouse, parent or other
    applicable person and other meaningful documents (can include medical, etc.).
    All claims of hardship must be supported by documentary evidence or explanation
    specifying the hardship. Family separation and financial inconvenience, in and
    of themselves, do not necessarily constitute extreme hardship. Therefore, it is
    important for your spouse or parent to describe and document any other claim
    that might be a hardship.

    The above-requested information is necessary to render an equitable and fair
    decision on your Application for Waiver of Grounds of Excludability. Any
    response or evidence should be submitted to enable receipt by this office at the
    above address no-later-than 45 days from the date of this letter. Should you
    choose not to reply, the case will be decided on the basis of the information
    already at hand.


    DHS-Guayaquil

    EXTREME HARDSHIP

    A waiver of section 212(a)(6)(C)(i) is dependent first upon a showing that the
    bar imposes an extreme hardship on a qualifying family member. Congress
    provided this waiver but limited its application. By such limitation it is
    evident that it did not intend that a waiver be granted merely due to the fact
    that a qualifying relationship existed. The key term in the provision is
    "extreme" and thus only in cases of real actual or prospective injury to the
    United States national or lawful permanent resident will the bar be removed.
    Common results of the bar, such as separation, financial difficulties, etc., in
    themselves are insufficient to warrant approval of an application unless
    combined with much more extreme impacts. Matter of Ngai, 19 I & N Dec. 245.
    With this qualification in mind, furnish documentary evidence proving that
    failure to receive the waiver requested will result in extreme hardship to your
    US citizen spouse.

    Please be very detailed as to how you meet the "extreme hardship" burden. Keep
    in mind that the hardship must be to your qualifying family member - not to you.

    Extreme hardship can be demonstrated in many aspects of your spouse's life such
    as:

    a. HEALTH - Ongoing or specialized treatment requirements for a physical or
    mental condition; availability and quality of such treatment in your country,
    anticipated duration of the treatment; whether a condition is chronic or acute,
    or long-or short-term.

    b. FINANCIAL CONSIDERATIONS - Future employability; loss due to sale of home
    or business or termination of a professional practice; decline in standard of
    living; ability to recoup short-term losses; cost of extraordinary needs such as
    special education or training for children; cost of care for family members
    (i.e., elderly and infirm parents).

    c. EDUCATION - Loss of opportunity for higher education; lower quality or
    limited scope of education options; disruption of current program; requirement
    to be educated in a foreign language or culture with ensuing loss of time for
    grade; availability of special requirements, such as training programs or
    internships in specific fields.

    d. PERSONAL CONSIDERATIONS - Close relatives in the United States and /or
    your country; separation from spouse/children; ages of involved parties; length
    of residence and community ties in the United States.

    e. SPECIAL FACTORS - Cultural, language, religious, and ethnic obstacles;
    valid fears of persecution, physical harm, or injury; social ostracism or
    stigma; access to social institutions or structures.

    f. Any other situation which you feel may help you meet the burden of extreme
    hardship.

  • #2
    As anyone who has been following my case knows, when we first applied for the waiver, they did not accept all of our supporting documents. After a recent call this is the letter that I received. There is nothing personal nor new in this letter... but I think it provides a pretty good summary of what should be included in a waiver. So, I thought I would share.


    Dear Applicant,

    This is in reference to the Application for Waiver of Grounds of Excludability
    (I-601) you filed in conjunction with your application for an Immigrant Visa.
    This discretionary waiver is provided for under sections 212 (9)(B)(v) and 212
    (i) of the Immigration and Nationality Act. Favorable consideration of such
    application requires a finding that the refusal of admission to the United
    States of such immigrant alien would result in extreme hardship to the U.S.
    citizen or lawful permanent resident spouse or parent of such alien. Approval
    also requires a favorable exercise of discretion from the Attorney General.
    Accordingly, all factors, the favorable against the unfavorable, are evaluated
    in each case.

    Your U.S. citizen or lawful permanent resident spouse or parent is requested to
    furnish all evidence and/or explanation deemed appropriate to demonstrate that
    your refusal of admission to the United States would result in extreme hardship
    to them. This can include letters written by your spouse, parent or other
    applicable person and other meaningful documents (can include medical, etc.).
    All claims of hardship must be supported by documentary evidence or explanation
    specifying the hardship. Family separation and financial inconvenience, in and
    of themselves, do not necessarily constitute extreme hardship. Therefore, it is
    important for your spouse or parent to describe and document any other claim
    that might be a hardship.

    The above-requested information is necessary to render an equitable and fair
    decision on your Application for Waiver of Grounds of Excludability. Any
    response or evidence should be submitted to enable receipt by this office at the
    above address no-later-than 45 days from the date of this letter. Should you
    choose not to reply, the case will be decided on the basis of the information
    already at hand.


    DHS-Guayaquil

    EXTREME HARDSHIP

    A waiver of section 212(a)(6)(C)(i) is dependent first upon a showing that the
    bar imposes an extreme hardship on a qualifying family member. Congress
    provided this waiver but limited its application. By such limitation it is
    evident that it did not intend that a waiver be granted merely due to the fact
    that a qualifying relationship existed. The key term in the provision is
    "extreme" and thus only in cases of real actual or prospective injury to the
    United States national or lawful permanent resident will the bar be removed.
    Common results of the bar, such as separation, financial difficulties, etc., in
    themselves are insufficient to warrant approval of an application unless
    combined with much more extreme impacts. Matter of Ngai, 19 I & N Dec. 245.
    With this qualification in mind, furnish documentary evidence proving that
    failure to receive the waiver requested will result in extreme hardship to your
    US citizen spouse.

    Please be very detailed as to how you meet the "extreme hardship" burden. Keep
    in mind that the hardship must be to your qualifying family member - not to you.

    Extreme hardship can be demonstrated in many aspects of your spouse's life such
    as:

    a. HEALTH - Ongoing or specialized treatment requirements for a physical or
    mental condition; availability and quality of such treatment in your country,
    anticipated duration of the treatment; whether a condition is chronic or acute,
    or long-or short-term.

    b. FINANCIAL CONSIDERATIONS - Future employability; loss due to sale of home
    or business or termination of a professional practice; decline in standard of
    living; ability to recoup short-term losses; cost of extraordinary needs such as
    special education or training for children; cost of care for family members
    (i.e., elderly and infirm parents).

    c. EDUCATION - Loss of opportunity for higher education; lower quality or
    limited scope of education options; disruption of current program; requirement
    to be educated in a foreign language or culture with ensuing loss of time for
    grade; availability of special requirements, such as training programs or
    internships in specific fields.

    d. PERSONAL CONSIDERATIONS - Close relatives in the United States and /or
    your country; separation from spouse/children; ages of involved parties; length
    of residence and community ties in the United States.

    e. SPECIAL FACTORS - Cultural, language, religious, and ethnic obstacles;
    valid fears of persecution, physical harm, or injury; social ostracism or
    stigma; access to social institutions or structures.

    f. Any other situation which you feel may help you meet the burden of extreme
    hardship.

    Comment


    • #3
      whole waivers requirement is right here.
      Its a discussion, not a legal advise..

      Comment


      • #4
        As Mohan stated....This is the whole waiver requirement. I would like to Thank Spouse for posting this as it would help determine all of the necessary documents to prove the extreme hardship that BCIS is requiring for the application of waiver, notably the I-601. For those who have been deported or removed, an I-212 waiver is also necessary and has the same exact requirements.

        Mohan...Question...What if I meet only a couple of the items noted above? Does one need to have impact on all items to get an approval? This might be a silly question but its always worth asking.

        Comment


        • #5
          depend upon how stron point are and how strongly defined on waiver. to be more clear Let me write the result of the waivers.
          Not a hardship.
          Hardship To USC/LPR and Alien.
          Hardship to Alien only.
          Hardship due to social life disturbance, change of country.
          extreme hardship to usc
          Extreme hardship to Alien and USC.
          Extremely unusual hardship to USC.

          NOW there are certain point which are discretionary. there are certain standard applied to IMMACT90 which are not available in IRIIRA act of 1996.
          TO PROVE THE LAST LEVEL OF HARDSHIP POINT SHOULD BE VERY STRONG AND STRONG EVIDENCE SHOULD SUPPORT THE POINTS.
          Its a discussion, not a legal advise..

          Comment


          • #6
            If I already have 212 (permission to reapply after deportation) waiver approved, does this make I-601 easier?

            Comment


            • #7
              Angel Eyes. From my understanding, you do not need to hit all of the above items in order to have a chance. In fact severity in one area could easily outweigh several light concerns. However, if you don't have anything that is very strong you might want to work with as many as possible and make them appear to be interacting (and thereby worse).

              Of course, I could be wrong as I do not know if our I-601 has been approved yet. But it is my understanding.

              Samie. I have also submitted the I-601 and the I-212. I do not have either result as of yet, however, I imagine that approval of the I-212 is unlikely to directly impact approval of the I-601. However, since the content of the two waivers is somewhat similar (even if the I-601 demands a demonstration of more extreme hardship), I would imagine that if the I-212 is approved you have a greater chance of being approved for the I-601 than if the I-212 was not approved. This would be purely due to the nature of the content. (in my opinion)

              Good luck to all!

              Comment


              • #8
                Spouse,
                Thank you for your response.

                Samie:
                I concur with Spouse. Although 212 and 601 are not in the connected to a certain extent. It is in my opinion very helpful to your 601 if you have an approved 212.

                My challenge right now is that my lawyer wants to file both waivers at the same time. I have read many post that the 601 is not filed unless asked by the consulate. My lawyer also noted that the 212 not need to be filed at the port of entry where the violation accured. My true question is...should I just wait for a denial at the K3 interview and asked to file for 601? or Do I just listen to my lawyer and file them at the same time here even it was not asked? I asked my lawyer why she wanted to file them here and all I got is that she said that it has a better chance in getting approved here vs at the INS abroad(the consulate abroad that we are currently under have an INS department). At any rate, our waiver is almost complete and will be filed soon.

                Comment


                • #9
                  angeleyes

                  why do you think that you might need to file this kind of waivers ?
                  Were arrested at the port of entry and returned back home ? AND WHY ?
                  Thanks for yr reply..I have a friend in the same situation...
                  good luck

                  Comment


                  • #10
                    Hi Angel Eyes. I just tried to write you, but somehow it got erased. So, here is the brief version.

                    It was my understanding that if the person is out of the country (which I am assuming is the case, since you were talking about the I-212)that the paperwork had to be filed at the embassy.

                    We submitted our I-601 before requesting the K3. They held onto it, and returned it after denial, saying that we should submit it after the fingerprint results were returned.

                    Finally, we submitted our I-212 to the embassy. Who then sent it to the POE for initial processing. Apparently, it will be returned to the embassy for final processing.

                    I know this is just personal experience and I am not sure how much of this is accurate across the board, or if any of this has changed since the switch from INS to DHS (we applied during the switch), but I hope this helps a little.

                    Good luck!

                    Comment


                    • #11
                      Hopeful:
                      To make long story short. My wife was placed on "expedited removal"at POE due to fraud Visa. She was not aware that she had a fraud document until that occured. Basically, she was defrauded by an agency.

                      Spouse:
                      I initially tried to petition my wife through K1(we were not married then) and was denied and I-601 was asked. But I was mislead that Fiancee were cosidered Spouse and I though in my opinion that it would be a dispproving factor for the officer if she remains my Fiancee rather than spouse. I then went back to her country and got married, We also came learn that she got pregnant on our honeymoon. Upon return to the U.S., I filed for I-130 and then K3 thereafter which is currently pending for approval.

                      I finally got all documents needed to prove my Extreme Hardship(I am the USC). My original plan is to send the I-212 to the POE where she was removed and I-601 to the consulate abroad and will file only when asked, however as I mentioned on my previous post, my lawyer wants to file both at the same time at L.A. which is kind of contradicting to all of what I've heard.

                      Comment


                      • #12
                        Hi Spouse,
                        I am fairly new to the board but had taken the time to read most of your posts. My husband resently filed the I130 and we are going to file for the K3 soon. I overstayed my visa for a long time, but I had filed for labor certification and was covered under the 245i. A few months ago I had talked to my attorney's paralegal (to whom he'd asked me to ask all the questions regarding my case)and told her that I may have to leave the US and she said that as long as my boss kept on sponsoring me, I would be ok to go back to the US. I also told her that my boyfriend and I were thinking about getting married. Again, she said that it would be no problem. We filed for a K1 before we got married, but then we faound out that I would be bared from the US for 10 years. So now we know that we may need the I601 waiver, but I want to know why you didn't file for a K3 and went straight for the waiver? I am very confused and discouraged about the whole I601. My husband cannot move to were I am but after talking with many attorneys, we think that we have a very poor case to prove the hardship.
                        Thanks, I guess I just need to vent.

                        Comment


                        • #13
                          Lost,
                          Yes indeed that you need a waiver of inadmissability particularly the famous I-601. Let me tell you something, there is nothing impossible in this world. Attorneys that told you that you have a poor case to prove extreme hardship are just incompetent. Fact to the matter is that you gather all of your thoughts and think of all the possibility that may give you a point that extreme hardship will experienced if you were denied to come in the country or deported. PLease see all points that are listed on the very beginning of this post. I think you need to do your due diligence. This board is a good start. Is it worth taking a shot to file I-601? ofcourse it is, this is your love and your life you are referring to. Keep investigating, researching and talking to competent lawyers. Where are you located? I may be able to reffer you to some lawyers that I've consulted with.

                          Good luck

                          Comment


                          • #14
                            Hi Angeleyes,
                            I have no doubt that my husband is worth it, believe, I love him to death. I have read pretty much every single posting about waivers and I have had email communication with some very helpful people on this board and I have an attorney. The thing is that he seems to think that if I magically appear in the US, I would still be grandfathered by the 245i. Also, my husband is extremelly busy and has gotten way too much negative info about the I601 so he is very discouraged, pesimistic, frustrated and he does not want to be away from me for too long. I do not want to do anything that would jeopardize my future, but right now I am working on the waiver on my own. Also, I have read so much about the waiver that I am extremelly overwhelmed and lost.
                            I appreciate your words though.
                            God bless you.

                            Comment


                            • #15
                              To lost,
                              I think the magic will work for you, you will grandfathered 245i also.
                              http://www.ilw.com/lawyers/immigdail...,0915-245i.pdf
                              Its a discussion, not a legal advise..

                              Comment



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