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How to Prove "Exceptional and Extremely Unusual" Hardship?

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  • How to Prove "Exceptional and Extremely Unusual" Hardship?

    My husband arrived in 1992 from Mexico, Illegally. He has Never returned back to Mexico. Reason being I have attempted to get though this for so long. We have An Approved Petition I-130 I filed, US born Citizen, after our marriage. WE have three children together. He wants to see his relatives and does not want to walk that hot desert once again, he suffered it once, he refuses to try it again! In 2005, My petition was approved but USCIS filed Removal proceedings as soon as his approval application was active. He has never been caught with Police or USCIS, noone. I recieved notification letter that Approval was to be forward to NVC, it has been LOST. NVC never got there! I have filed all applications and now he has to go for his indiv. hearing to prove for cancellation of REmoval in Dec.. Please HELP? I have spent over 8000.00 in the last few months on lawyers fees. I was told to have another lawyer finish us out, another 4000.00 they would charge us. I need help, not only to feed my kids, but with stability and advice to exactly what on earth I need to do. My kids are 11,7,3. How can I relocate all my children and I work for the STate to MExico? What can I DO? Please help ME?

  • #2
    My husband arrived in 1992 from Mexico, Illegally. He has Never returned back to Mexico. Reason being I have attempted to get though this for so long. We have An Approved Petition I-130 I filed, US born Citizen, after our marriage. WE have three children together. He wants to see his relatives and does not want to walk that hot desert once again, he suffered it once, he refuses to try it again! In 2005, My petition was approved but USCIS filed Removal proceedings as soon as his approval application was active. He has never been caught with Police or USCIS, noone. I recieved notification letter that Approval was to be forward to NVC, it has been LOST. NVC never got there! I have filed all applications and now he has to go for his indiv. hearing to prove for cancellation of REmoval in Dec.. Please HELP? I have spent over 8000.00 in the last few months on lawyers fees. I was told to have another lawyer finish us out, another 4000.00 they would charge us. I need help, not only to feed my kids, but with stability and advice to exactly what on earth I need to do. My kids are 11,7,3. How can I relocate all my children and I work for the STate to MExico? What can I DO? Please help ME?

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    • #3
      Start writing letter, better yet start calling your congressman explaining your situation, and ask for their help.

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      • #4
        Before, it was suffice to prove hardship. These days, one must prove extreme hardship which is very difficult. How extreme depends upon the discretion of CIS and the immigration court.

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        • #5
          braindead morons that marry illegals should be deported along with their illegal "spouse."

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          • #6
            Why call people morons when they marry illegal aliens? They need to be given the benefit of the doubt that they love one another. To judge them is WRONG ! Or are you the real moron?

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            • #7
              Exceptional and Extremely Unusua
              Well, read Court rulings.
              There are few case-precedents (perhaps also the only cases approved) that define Judges and BIAs opinion of what was intent of Congress and what it meant by 'Extremely Unusual Hardship"

              In a nutshell I can tell you that "Extreme Hardship" must look like a vacation in Hawaii in comparison to what was happening to USC relatives of an Alien in order for the Alien to meet the standard of "Extremely Unusual Hardship to USC relative" and be granted the benefit sought.

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              • #8
                Antifascist, quite frankly I don't like you. I even hate you. But I agree with you on that point about extreme hardship.

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                • #9
                  I thank everyone's input and help regarding my need. Although, for some folks, they do not understand the concept of the whole immigration matter and must have never been through issues as such. Your time will come, Someone12, when you in return,will need advice and hopefully will be in the same need as many in this population trying to get ahead in this world with the Government issues. Bet if you look in your closet or in your frig, you will not find brands 100% US made! God Bless you. I do thank all the others for your help, I will start using your guidance in letter writing and in planning for the future. God Bless you all. Blessings from Delaware.

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                  • #10
                    What brands of food are in my shelves has nothing to do with the simple fact that your husband is an illegal irresponsible alien, and you are too dense to figure out that all he wants is a green card.Once he gets it, you will be visited by an endless parade of mooching relatives, including some of his other kids and perhaps his real wife.

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                    • #11
                      A74

                      First of all, you need to educate yourself about the immigration process, so that you aren't left ignorant and vulnerable to the vultures=eggplant lawyers.

                      Secondly, your husband is an EWI, and very difficult to make him legal in the US as of now. Irrespective of how many kids you guys have, USCIS is charged with enforcing the federal law, no matter how stupid these laws are. Extreme Hardship is a high bar to meet, but you could. If he is working, then you are going to suffer the loss of his income which will have a negative impact on your household. Your kids need their father for guidance, emotional support and that father-figure so that they can grow up in a traditional family.

                      This govt has hostility towards homos, so you can find a g.a.y. card to play. You are afraid your kids may grow up to become g.a.y.s or gangmembers, hence it is important that their father be kept here to look after them and yourself.

                      Someone 12 is an illegal immigrant who is a buttman...

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                      • #12
                        What kind of moron would equate g.a.y.s with g.a.n.g. members or see any connection between the two? One of my best friends happens to be g.a.y. - Besides, you can't make a claim that your child may "grow up" (which is a b/s statement) to be g.a.y., the person has to be g.a.y and a citizen of a country that is hostile towards g.a.y.s in order for that person to file for asylum. On another note, plenty of single women and men have kids and those kids turn out just as good or bad as a two parent family. Prof, your 1950's mentality is just as wrong now, as it was then.

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                        • #13
                          If your best friend is ***, then good for you. Since you can meet his needs, if you know what I mean...

                          Listen, I used the g.a.y card as an example or proxy. It is a known fact that the Bush Admin has issues and hostilities towards g.a.y.s (unjustly) and gangs (justifable). So, if you closely follow the DOJ reports, MS-13 is a big problem in the US, and since these kids are Americans of mexican descent, then it could be a strong point of consideration.

                          Jeff... we haven't had enough proof that kids who grow up in *** family are perfect and have no issues. Worst of all, who is the mom or dad?

                          Comment


                          • #14
                            Why you all are writing tons of unrelated **** under this thread?

                            First of, my question to OP:

                            Why are you asking how to prove an 'exceptional and extremely unusual hardship?

                            In case of your husband, if he is an EWI he would only need to prove an 'Extreme Hardship' to you, his USC spouse , file a waiver in Mexico and wait there while waiver is processed (may take 6 to 18 months) and if successful , he may come back here with immigrant visa and re-unite with you.


                            It would be a lot worse if you were LPR with USC children and wanted your simple visa-overstay husband or boyfriend to stay with you.
                            Then you would have to file for 'Cancellation of Removal' (assuming he was here for more than 10 years )- and it is THEN that you would have to show 'exceptional and extremely unusual hardship to USC relatives(kids)' for him to be allowed to AOS and stay with you legally.


                            Don't despair !
                            Altough your husband is EWI and in removal proceedings, still things will be relatively easy for you - because you are USC.

                            Just follow the steps and get him back here through consular processing in Mexico (under existing law there is NO WAY you can file AOS for him here, but he MUST return and go through consular processing).


                            Good luck,

                            IE

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                            • #15
                              "If your best friend is ***, then good for you. Since you can meet his needs, if you know what I mean... "

                              How old are you Prof? 12? 13? I'm a very secure straight guy, so immiture little comments like that mean nothing to me.

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