this one for Mohan or anyone who can help...see we need you mohannnnnn

everyone seems to think that one you have an approved I-130 Then everything else is possible...
well no ..I have an approved I-130 married to USC
have 2 usc kids but my waiver for hardship was denied and the INS do not even want to send me a notice to see a judge..all what i am doing right now is filing and keep filing for AOS it's just like paying money to stay here one more year and another year and amnother year...and it's really costy believe me..
anyone in this case ???

everyone seems to think that one you have an approved I-130 Then everything else is possible...
well no ..I have an approved I-130 married to USC
have 2 usc kids but my waiver for hardship was denied and the INS do not even want to send me a notice to see a judge..all what i am doing right now is filing and keep filing for AOS it's just like paying money to stay here one more year and another year and amnother year...and it's really costy believe me..
anyone in this case ???

How did they deny your Hardship Waiver? Some advise said that it's better to hand it to the Adjucation Officer after they deny you (after the interview). This waiver should be very well presented. No matter how impossible this waiver is, just remember God has miracles.

well I had my intervieuw and only 4 or 5 months after that they sent me the denial saying that I NEED the hardship waiver...I just do not know how many times you are allowed to file this one..my new lawyer said we can keep filing it but i am not sure..well she must know better..she alsoi said that this might trigger a deportation...
I agree there miracles sometimes out there..so i am hoping for one at this time...
thank you for yr post ..god bless you

Frst of all ther must be a reason why INS ask you for waiver.
Are you entered without inspection ? what was the cause of I-601. You should know that you can prove the Hardship but INS want extreme hardship.. see my another postion and fit yourself if you can prove it.
otherwise it can trigger a bag and pack notice what they call in Simple terms which stops the clock for accmulation if you don't show up , and if you show up there is 80% posiblity they detain you..

thanks mohan...

you mean if i do apply again they may come and get me home ????
PLEASE EXPLAIN THANK YOUUUUUUUUUUUU

I read your thread re I-601. I am in same boat with hello.Altho I have not fill out the waiver, do you think if your son has kidney failure and waiting for his transplant, I have the basis covered for 601? My son is LPR, he is constantly getting sicker everyday, God forbids if I'm deported, this will just crush him. Also he is very dependent of me.Thanks.
Hello, I hope you get your status soon.I'm sure they won't deport you, having USC kids and husband.Maybe all they need is a very good presentation of your 601. Try again and get the best attorney even if very costly.Try Shusterman,he is very good and he always get the 601 approved.

thank you very much i can wait for your post...
well i think that you have a big chance with
yr kid being that sick...
WELL THAT'S what my lawyer said that I need to
present well my waiver specially with a usc kid who is 12 years and speaks only english and I should admit that the waivers already sent were really bad done.
thank you for suggesting that lawyer...i already have one and she sounds really good to me her name
is Schlenger anyone heard of that name ???
thank you and good luck to you too

For Ican waitfor ever,
You have verygood chance to prove waiver, I posted the 601 waiver,s questions what INS officer looks for. To prove the Extreme hardship it is necessary to prove 80% of the enquiries ,I wrote. one can argue even less in speciall circumstances. like one you have. apply with evidence and medical report.. it will get thru.

My advice to both of you, give answer to the questions and ask your lawyer if you got 80% chances, remember ther is -ve impact also involved here, questuion like, if you have family tie in the country you come from... this question is tricky and can go both ways.
good luck..

This all will triger a notice. IJ will Issue you a notice to appear and it will be send to your last known address.
If you didnot have the notice issued against you ,you are acclumating time which helps people to adjust status laters. (3-10 years bar OR 10+ years continue presence..)If you have any bar for adjustment of status. When the Notice issued and you are unable to appeard then the clock stops on that day and any day INs can deport you if you got caught, even at the time of Interview of AOS. Thats why it is Necessary to check FOIA First.

I already checked FOIA and there is no record regarding my case that's why my lawyer is suggesting to file again for AOS and waiver at the same time.. no i did not enter the country illegaly but when i came here on a visa tourist i did not tell the consulate that my husband is usc misrepresentation ins calls it.
hey mohan what's tricky about having ties in the home country ? please clarify ..thank you..
and alos please don't you ever talk about leaving this board againnnnnnnnnnnn..we need youuuuu even if we have our own lawyersssssss ))

i-601 waiver - hardship should be demonstrated by spouse or parent only (LPR or USC) of the alien

The removal proceeding includes the children. Be careful presenting the case of your children, it should be worded that it will cause the burden to your husband. Just a thought.

I am just curious with the post above, did they really tell you that your i-485 was denied or you just need a waiver in order to continue your i-485.

Thanks .IF you check FOIA. and ther was no notice of appearance issued to you then you are good.
When a Spouse visa provision is available, Service dont want you to apply for any other type thatwhy ist misrepresentation, Yes, you have to take a waiver for that.

The family tie is to determine the extreme hardship. Lets say the person have all his relatives brothers sisters parents living in Us and he is applying for waivers then he has better chance to get waived, then the person have all his relatives livin in aliens countr, in that case he will be united to his family.
This a point addressed by the people who have their most relatives living in US to prove hardship with other clause like accmulation of knowledge/property etc etc..

THANK YOU SO MUCH MOHANNNNNNNNNNN
GOD BLESS YOU AND THE BEST FOR YR OWN CASE

for afriend,
I-130 was approved and ins denied the I-485 and asked me to file a waiver for hardship...i did it and was denied three times..but i should say that they were owfully done did not submitt anything my exlawyer did them and i never saw what he did send by the way...
i am having a new lawyer right now and working hard too on this waiver ... i am trying to be more involved.