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Results 1 to 4 of 4

Thread: HARDSHIP SCALE HOW TO EVALUATE YOURSELF IF YOU QUALIFY

  1. #1
    LOts of people going thru immigration Limbo and need waivers. there is no concrete guidelines OR DOP but the possiblity of Procedure How the waiver be routed and how it be looked at by DHS. I am posting the Scale to evaluate USC hardship this is very useful.. good luck.


    Guidelines do USCIS and the waiver Review Division use in adjudicating hardship waivers

    The USCIS applies the well established body of case law in making the initial determination as to weather a claim of exceptional hardship to a qualify relative has been demonstrated. If USCIS fins the "exceptional hardship" it forwards the case to the Department of state Waiver Review Division for concurrence.
    The WRD(waiver Review Departmet) has no published guidelines setting forth criteria for adjudication. This lack of known criteria leads uncertainty regarding weather the waiver application will be approved or not as there is no precedent on which applicant or attorney may safely rely. Evidence suggests that USCIS and Department of state both weigh develop a system called Hake Scale. Prospective Family must rate 11 points of hardship to qualify for a waiver. The system claims to accurately assess all possible hardship combinations by assigning a weighted score in just 10 categories
    The categories are; in two parts part one;

    First Three categories for person involved in the case.

    CAT 1.
    1. U.S. citizen spouse and child. ( 5 pts. for each U.S. citizen spouse or U.S. citizen child +Additional 1 pts/U.S citizen child )
    2. LPR spouse (4 Pts) OR LPR child (3 Pts) + 1 Pts for additional LPR child.
    3. Hardship Level to USC or LPR. (0 to 5 pts) Regular hardship to Very serious hardship.

    CAT ( 4 to 10)

    4 Public Interest factor (0 pts to 2 Pts) None to Significant public interest.
    5 Specific hardship to Spouse or Child Medical Hardship (0 to 6 pts /per person as appropriate)
    6 Psychological hardship (0 to 5 pts per person as appropriate)
    7 Career or educational disturbance (0 to 2 pts) US Citizens or LPR's.
    8 Financial hardship (0 to 1 pts) regular hardship to very serious hardship.
    9 Social Hardship in home country ((0 to 1 pts)
    10 Significant risk of physical harm to USC or LPR. (0 to 3 pts). This should be political, religious, secretarial type.
    Its a discussion, not a legal advise..

  2. #2
    LOts of people going thru immigration Limbo and need waivers. there is no concrete guidelines OR DOP but the possiblity of Procedure How the waiver be routed and how it be looked at by DHS. I am posting the Scale to evaluate USC hardship this is very useful.. good luck.


    Guidelines do USCIS and the waiver Review Division use in adjudicating hardship waivers

    The USCIS applies the well established body of case law in making the initial determination as to weather a claim of exceptional hardship to a qualify relative has been demonstrated. If USCIS fins the "exceptional hardship" it forwards the case to the Department of state Waiver Review Division for concurrence.
    The WRD(waiver Review Departmet) has no published guidelines setting forth criteria for adjudication. This lack of known criteria leads uncertainty regarding weather the waiver application will be approved or not as there is no precedent on which applicant or attorney may safely rely. Evidence suggests that USCIS and Department of state both weigh develop a system called Hake Scale. Prospective Family must rate 11 points of hardship to qualify for a waiver. The system claims to accurately assess all possible hardship combinations by assigning a weighted score in just 10 categories
    The categories are; in two parts part one;

    First Three categories for person involved in the case.

    CAT 1.
    1. U.S. citizen spouse and child. ( 5 pts. for each U.S. citizen spouse or U.S. citizen child +Additional 1 pts/U.S citizen child )
    2. LPR spouse (4 Pts) OR LPR child (3 Pts) + 1 Pts for additional LPR child.
    3. Hardship Level to USC or LPR. (0 to 5 pts) Regular hardship to Very serious hardship.

    CAT ( 4 to 10)

    4 Public Interest factor (0 pts to 2 Pts) None to Significant public interest.
    5 Specific hardship to Spouse or Child Medical Hardship (0 to 6 pts /per person as appropriate)
    6 Psychological hardship (0 to 5 pts per person as appropriate)
    7 Career or educational disturbance (0 to 2 pts) US Citizens or LPR's.
    8 Financial hardship (0 to 1 pts) regular hardship to very serious hardship.
    9 Social Hardship in home country ((0 to 1 pts)
    10 Significant risk of physical harm to USC or LPR. (0 to 3 pts). This should be political, religious, secretarial type.
    Its a discussion, not a legal advise..

  3. #3
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by mohan:
    LOts of people going thru immigration Limbo and need waivers. there is no concrete guidelines OR DOP but the possiblity of Procedure How the waiver be routed and how it be looked at by DHS. I am posting the Scale to evaluate USC hardship this is very useful.. good luck.


    Guidelines do USCIS and the waiver Review Division use in adjudicating hardship waivers

    The USCIS applies the well established body of case law in making the initial determination as to weather a claim of exceptional hardship to a qualify relative has been demonstrated. If USCIS fins the "exceptional hardship" it forwards the case to the Department of state Waiver Review Division for concurrence.
    The WRD(waiver Review Departmet) has no published guidelines setting forth criteria for adjudication. This lack of known criteria leads uncertainty regarding weather the waiver application will be approved or not as there is no precedent on which applicant or attorney may safely rely. Evidence suggests that USCIS and Department of state both weigh develop a system called Hake Scale. Prospective Family must rate 11 points of hardship to qualify for a waiver. The system claims to accurately assess all possible hardship combinations by assigning a weighted score in just 10 categories
    The categories are; in two parts part one;

    First Three categories for person involved in the case.

    CAT 1.
    1. U.S. citizen spouse and child. ( 5 pts. for each U.S. citizen spouse or U.S. citizen child +Additional 1 pts/U.S citizen child )
    2. LPR spouse (4 Pts) OR LPR child (3 Pts) + 1 Pts for additional LPR child.
    3. Hardship Level to USC or LPR. (0 to 5 pts) Regular hardship to Very serious hardship.

    CAT ( 4 to 10)

    4 Public Interest factor (0 pts to 2 Pts) None to Significant public interest.
    5 Specific hardship to Spouse or Child Medical Hardship (0 to 6 pts /per person as appropriate)
    6 Psychological hardship (0 to 5 pts per person as appropriate)
    7 Career or educational disturbance (0 to 2 pts) US Citizens or LPR's.
    8 Financial hardship (0 to 1 pts) regular hardship to very serious hardship.
    9 Social Hardship in home country ((0 to 1 pts)
    10 Significant risk of physical harm to USC or LPR. (0 to 3 pts). This should be political, religious, secretarial type. </div></BLOCKQUOTE>

    Very interesting, mohan. It seems that having a USC spouse and especially also a USC child establishes more than 2/3rds of the required points to satisfy some fo the requirement. If I am interpretting CAT 4-10 properly, then psychological or medical hardship would appear to be the criteria that could be the most likely to prevail, since the points allocated for such a claim range from 0-5 and 0-6 points, respectively.

    Good info!
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

  4. #4
    thats correct
    Its a discussion, not a legal advise..

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