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Thread: ''Exceptional Hardship" and the 10 year bar

  1. #1
    Guest
    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. #2
    Guest
    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?

  3. #3
    Guest
    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

  4. #4
    Guest
    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).

  5. #5
    Guest
    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!!)

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

    immigrate2us.net

  7. #7
    Guest
    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.

  8. #8
    Guest
    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?)

  9. #9
    Guest
    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.

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

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