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Results 1 to 5 of 5

Thread: what's a girl to do? please help...

  1. #1
    Guest
    Husband was deported 12/00 due to overstay of visa waiver program. Never given opportunity to appear in front of immigration judge - as stipulated that you "waive all rights to due process" if you violate visa waiver. Married in Scotland 01/01 - I had every intention of settling in the UK for a few years, but my father became ill. We decided I needed to return & start the I-130 + I-212 + I-601 process. We started the I-130 6/01. Since then, my father (a retired methodist minister) has undergone 2 brain surgeries. I am the only daughter who lives in the state (actually 2 blocks away) as my parents. It is important to me - out of honor and respect - to assist my mother in my father's care. My husband was finally scheduled for an interview 11/02 (can you believe it took THAT long?). His interview was a farce - told to sit and wait... waited 4 hours to be called to a window and handed a form letter saying we needed to apply for the I-212 & I-601. He submitted 12/02 with supporting documentation of "extreme hardship" (or so we thought!) --> 20 letters from my father's medical team emphasizing the need for me to be here for his care. Today - we were informed that there is not enough evidence to prove extreme hardship --> that hardship must be "real, actual or prospective". WHAT THE HELL??? What don't I understand? Have contacted our attorney and our congressional rep (they had just opened a congressional inquiry before we received this reply). What am I missing???? Any insight is SO very much appreciated...

    My husband was deported because of a visa overstay of more than 1 year. He has no criminal record whatsoever.

  2. #2
    Guest
    Husband was deported 12/00 due to overstay of visa waiver program. Never given opportunity to appear in front of immigration judge - as stipulated that you "waive all rights to due process" if you violate visa waiver. Married in Scotland 01/01 - I had every intention of settling in the UK for a few years, but my father became ill. We decided I needed to return & start the I-130 + I-212 + I-601 process. We started the I-130 6/01. Since then, my father (a retired methodist minister) has undergone 2 brain surgeries. I am the only daughter who lives in the state (actually 2 blocks away) as my parents. It is important to me - out of honor and respect - to assist my mother in my father's care. My husband was finally scheduled for an interview 11/02 (can you believe it took THAT long?). His interview was a farce - told to sit and wait... waited 4 hours to be called to a window and handed a form letter saying we needed to apply for the I-212 & I-601. He submitted 12/02 with supporting documentation of "extreme hardship" (or so we thought!) --> 20 letters from my father's medical team emphasizing the need for me to be here for his care. Today - we were informed that there is not enough evidence to prove extreme hardship --> that hardship must be "real, actual or prospective". WHAT THE HELL??? What don't I understand? Have contacted our attorney and our congressional rep (they had just opened a congressional inquiry before we received this reply). What am I missing???? Any insight is SO very much appreciated...

    My husband was deported because of a visa overstay of more than 1 year. He has no criminal record whatsoever.

  3. #3
    Guest
    What you are missing is a reason for your husband to be admitted to the US. You say you had twenty letters saying why YOU had to be in the US. You would need letters why your husband needed to be here; why your family could not get medical care in another country; why your husband can not get employment in another country. Unfortunately, you don't have a very good case. Your husband is from a country with a high standard of living, and he will be able to support you finacialy from there. You could also recieve equivalent medical care there. Plus, the medical problem does not directly effect you or your husband. Neither your attorney nor your congressperson will be able to change this decision.

  4. #4
    Guest
    It is unfortunate that I have to agree that there seem to be no logical reason to re-admit your husband.

    Dont give up - Things may just work out - one day a INS officer may just look at your file while he is in a good mood and you may just get a positive response

  5. #5
    Guest
    Extreme hardship has only to do with the hardship to you, not your parents.If you are not financially dependant upon your illegally present (was) husband, well, strike one. No kids? Strike two! Nothing else other than stuff about your parents??? Strike three.
    Remember, nobody forced your husband to overstay. He could have gone back to his country any time, but chose not to. Now he (and you) are paying the penalty as prescribed by Congress. That is why there are laws.

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