extraordinarily unusual and extremem hardship re. cancellation of removal

Hi, Everyone
OK, here's a more specific question that hopefully someone has the answer to and might be willing to speak on.
If one facing removal seeks a cancellation of deportation (do they still call it tha?), one must prove extraordinary and extremely unusual hardship to USC spouse or children. Virtually impossible task, I hear. So, perhaps it would be better to wait until person is deported, marry them after they are out of the country, if not already married (because chances of obtaining greencard might be better if not married while undergoing removal proceedings), and try to apply for a waiver. I have not been able to find anywhere the "extraordinary and extremely unusual" hardship to USC requirement in said waiver application. Has anyone else? Or must we just prove plain old hardship? I know that it wouldn't really make sense if this were true, but I'm hoping, and God knows I've read crazier stuff than that. Also, does anyone have any idea how difficult it is to obtain a temporary visitor or student visa after removal if married to a USC?

I would greatly appreciate any knowledge anyone could share!
Thank you,
juju

Hi, Everyone
OK, here's a more specific question that hopefully someone has the answer to and might be willing to speak on.
If one facing removal seeks a cancellation of deportation (do they still call it tha?), one must prove extraordinary and extremely unusual hardship to USC spouse or children. Virtually impossible task, I hear. So, perhaps it would be better to wait until person is deported, marry them after they are out of the country, if not already married (because chances of obtaining greencard might be better if not married while undergoing removal proceedings), and try to apply for a waiver. I have not been able to find anywhere the "extraordinary and extremely unusual" hardship to USC requirement in said waiver application. Has anyone else? Or must we just prove plain old hardship? I know that it wouldn't really make sense if this were true, but I'm hoping, and God knows I've read crazier stuff than that. Also, does anyone have any idea how difficult it is to obtain a temporary visitor or student visa after removal if married to a USC?

I would greatly appreciate any knowledge anyone could share!
Thank you,
juju

My understanding is that extreme hardship is very difficult to prove and ideas as to what the INS are looking for are not posted anywhere. However, things like having to maintain two homes, children having to live without one of their parents are general ideas. I think once you have been removed that the visa route is not viable and would probably be almost impossible to obtain and I personally would file the waiver, file appeals etc..etc.... it all depends on the circumstances surrounding the removal.

Thanks for the input, REM

Has anyone ever heard of someone that was deported being able to obtain a temporary visistor or student visa? From what I've read, it sounds atleast possible...

Thanks again,
juju

Juju,

Did they grant your husband a voluntary departure? If they did, you can depart to Kuwait together and get married over there. And then you can start his visa process over there. I think, that time he would have to file a I-601 waiver.

http://www.ins.gov/graphics/formsfee/forms/i-601.htm

If he gets deported, (I mean not voluntarily) then he would file the I-212 waiver...

http://www.ins.gov/graphics/formsfee/forms/i-212.htm

I suggest you making a research about these. I am not an expert in immigration as you know :-)

Good Luck to you both...

Exceptional and extremely unusual hardship to a USC/LPR spouse, parent or child is a very difficult burden to establish in the context of removal proceedings. For a recent discussion of the topic, goto the following Board of Immigration Appeals decision -

http://www.usdoj.gov/eoir/vll/intdec...l23idxnet.html

As for the strategy you are proposing of taking an order, marrying, and trying for a waiver, my knee jerk reaction is to be very careful b/c it's not that simple. It depends on your charges of removal, immigration history, family circumstances, then other intangibles like what country are you returning to, consulate you'll deal with, INS district you're dealing with on the waiver, etc... Not an easy topic to discuss on a discussion board and definitely not one for weak stomachs...

- rrv
e/m: rvelasquez@srs-law.com

rrv ans bushmaster,
Thanks again for the input

He will be asking for voluntary departure.
I'm wondering if the 1-601 waiver is as difficult to obtain as the 1-212 waiver. Hopefully not, but I know it's a long shot.

Thanks much,
juju

I forgot that there is a requirement of time spent in US for cancellation of removal, so that's not even an option.

I guess that makes my decision easier

Thanks again guys,
juju

An OPTION
If no country wants to take your hubby china is always ready to take hard workers and you can come too they need english teachers.

Thanks Chineese
That brought a smile to my face
Very sweet.

Thanks to everyone else, too. You're awesome and make me feel warm and fuzzy inside.
juju

In the thoroughly confusing posts of juju

{HATE KILLS}

{Civilized people should respect all human life}

{You ppl are awfully quick to condemn. How disappointing}

{You'll die young harboring such anger.
Though this surely wouldn't bother me in the least. <--- }

Can you say hypocrisy?
What is more condemning than wishing death on someone?
Get a grip, Missy. Lay off the caffiene.

How cute!
I have a groupy :P

Lotsa groupies, count me in. we all hate your whinning equally. Good job ouch! U expose the hypocrite.

juju,

we can hear all the time that this kind of waiver is hard to be approved especially after the 1996 Law. Before, after 10 years, the fraud can be erased by maintaing a good record... but since law changes all the time -- our chances is different each day. Extreme harsdhip is really hard to prove and even though it was demonstrated -- it is STILL the DESCRETIONARY DECISION of who's handling the case. PRAYER is the only weapon we have, to pray that the person who will decide will be considerate. If you will read the posted cases in the Administrative Review (INS) for 1-601. there's only probably 2 that were approved and most of them were denied, "Language Barrier", fraud committed by minor were the only approved cases. They mentioned also the case of CERVANTES. If the waiver got denied, it will then be passed to BIA, who I believe give you the chance to be heard. Just fight, fight and fight, a good lawyer may be a must and of course a good amount of money. Check about CLINIC (Catholic Charities Immigration Lawyers.)

Good luck and God bless.

blessedone,
Thank you so much for sharing what must be many hours of research with me. It is very kind of you. There is always room for hope and prayer - for all of us. I will call CLINIC on Monday. Thank you again, and God bless!