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''Exceptional Hardship" and the 10 year bar

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  • ''Exceptional Hardship" and the 10 year bar

    My husband entered the US illegally (without inspection) and has been here for 5 years. I am a US citizen and recently filed an I-130 for him. I am aware that he will not be able to adjust status in the United STates (unless 245i comes back). I have heard that I can file for a waiver from the 10 year bar if I can prove "exceptional hardship." Does anyone know anything about this? I'm not exactly sure what the term really means. What would I have to do to prove this? I had a lawyer tell me that it would be easier to get a waiver if we have a baby, which we plan to do eventually anyway. I've read in other places, however, that the waiver is pretty much impossible to get. Should I start planning on spending 10 years in Mexico, or do I have nothing to worry about? Please help. Thanks. PS What is the form that one needs to file for the waiver?

  • #2
    My husband entered the US illegally (without inspection) and has been here for 5 years. I am a US citizen and recently filed an I-130 for him. I am aware that he will not be able to adjust status in the United STates (unless 245i comes back). I have heard that I can file for a waiver from the 10 year bar if I can prove "exceptional hardship." Does anyone know anything about this? I'm not exactly sure what the term really means. What would I have to do to prove this? I had a lawyer tell me that it would be easier to get a waiver if we have a baby, which we plan to do eventually anyway. I've read in other places, however, that the waiver is pretty much impossible to get. Should I start planning on spending 10 years in Mexico, or do I have nothing to worry about? Please help. Thanks. PS What is the form that one needs to file for the waiver?

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    • #3
      The form you need to fill out is I-601. The fee, I think, is around $200. The form itself is not hard to fill out, but it is the proving of the "exceptional" (in your case) or "extreme" (in my case) hardship which is difficult. I have asked many questions about this waiver as we just found out my husband has to fill one out because of the advance paroles he received.

      Jill

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      • #4
        I wouldn't have that baby yet, unless you plan on raising him/her in Mexico for the next 10 years. I believe the baby will have no effect on your waiver.

        Good luck! I hope you and me get the waiver (and I have a baby boy btw).

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        • #5
          The baby may actually have an effect on your waiver, but I don't personally think that it is worth the risk. What happens if the waiver is not approved? Where will the baby live? Where will you live? etc. etc. etc.

          I would say try to do it without the child, it is too great a risk!!!!!

          (We are going through the process and are holding off on children until we have approval or have moved to another first world nation such as canada - but we are hoping for approval first!!)

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          • #6
            Let us know what your overall possibilities for hardship are and we can do our best to help you/give advice.

            immigrate2us.net

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            • #7
              spouse, if the baby were to be conceived BEFORE the alien was deported I guess it would be a very good factor in getting the waiver approved.

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              • #8
                Before or after deportation is irrelevant. This is a waiver to prove hardship to USC NOT to prove legitimacy of marriage (and even then what would the before/after issue really prove? That one member of the family has travelled to visit the other?)

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                • #9
                  Spouse, I guess the poster is saying that in case the USC wife would get pregnant before the deportation of her husband occurred there were be TWO USC, instead of just one, that would suffer 'extreme hardship' should the waiver not be granted.

                  On the other hand, if the USC wife travels to her fiancee native country and get pregnant there, the Immigration will not take too much into account as factor in proving 'extreme hardship' the eventual USC baby to be born, because they would presumably think the only couple did that to improve the chances of getting the waiver approved.

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                  • #10
                    ... the only reason the couple did that was to improve the chances of getting the waiver approved.

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                    • #11
                      maybe she's not umesh but...(i'll tell you another day who I think she may be)

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                      • #12
                        In response to your request, please be advised that our law firm handles extreme hardship cases on behalf of our clients with good success. Of course there is no guarantee your hardship case will be approved, but we have won these in the past. If you or anyone is interested, please contact us privately.

                        Frekhtman & Associates
                        Attorneys and Counsellors at Law
                        225 Broadway, 41st Floor
                        New York, New York 10007
                        www.866stayusa.com
                        Email: frekhtman@yahoo.com
                        toll free 1 (866) STAY - USA

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                        • #13
                          Interesting point I suppose. Please explain how having a USC child before deportation is indicative of more extreme and unusual hardship than having a USC child after deportation.

                          I would be interested in educating myself further on this point.

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                          • #14
                            P.S. I disagree with the idea that they will think that having a child is only for the purpose of having a waiver approved. It is too great a risk with only a small percentage approval rate. Additionally, a minimum of an 18 year commitment greatly exceeds that of a 3/10 year bar.

                            However, any documentation or information that you have to support this claim would help me to believe this. Where did you hear/read that?

                            and please fill me in on any other reasons you can think of, for why a child is less important after deportation than before.

                            thanks.

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                            • #15
                              I was talking about having the baby before he get's a deportation order. I filed the I-130 last month and the reciept said we won't hear anything for two and a half years. That's plenty of time to get pregnant and have a baby in. We planned on having a child in the next few years anyway. I'm young (22) and healthy, so there isn't really anything else that would prove extreme hardship. What sorts of things would I need to prove? The only thing that I can think of is that if my husband left, then I wouldn't be able to complete my BA degree, because I'd have to drop out of college and get a full time job to support myself. I'll be done next year, though.
                              If anyone reading this has experiences with similar situations, please give me some advice. I'm just really scared because I see that the way my life will pan out from here is dependent on a few employees of INS. If worse comes to worse and he has to go to Mexico for 10 years, then I'm going with him. I didn't get married to carry on a long distance relationship. I don't think that I should have to choose between being with my husband or leaving my country. Something doesn't make any since there.

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