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For anybody filing a I-601 waiver here's a sample of a denial letter that hopefully will help you better understand extreme hardship requirements:
Dear Applicant,
This is in reference to the Application for Waiver of Grounds of Excludability (I-601) you filed in conjunction with your application for an Immigrant Visa. This discretionary waiver is provided for under sections 212 (9)(B)(v) and 212 (i) of the Immigration and Nationality Act. Favorable consideration of such application requires a finding that the refusal of admission to the United States of such immigrant alien would result in extreme hardship to the U.S. citizen or lawful permanent resident spouse or parent of such alien. Approval also requires a favorable exercise of discretion from the Attorney General. Accordingly, all factors, the favorable against the unfavorable, are evaluated in each case. Your U.S. citizen or lawful permanent resident spouse or parent is requested to furnish all evidence and/or explanation seemed appropriate to demonstrate that your refusal of admission to the United States would result in extreme hardship to them. This can include letters written by your spouse, parent or other applicable person and other meaningful documents (can include medical, etc.). All claims of hardship must be supported by documentary evidence or explanation specifying the hardship. Family separation and financial inconvenience, in and of themselves, do not necessarily constitute extreme hardship. Therefore, it is important for your spouse or parent to describe and document any other claim that might be a hardship. The above-requested information is necessary to render an equitable and fair decision on your Application for Waiver of Grounds of Excludability. Any response or evidence should be submitted to enable receipt by this office at the above address no-later-than 45 days from the date of this letter. Should you choose not to reply, the case will be decided on the basis of the information already at hand.
EXTREME HARDSHIP
A waiver of section 212(a)(6)(C)(i) is dependent first upon a showing that the bar imposes an extreme hardship on a qualifying family member. Congress provided this waiver but limited its application. By such limitation it is evident that it did not intend that a waiver be granted merely due to the fact
that a qualifying relationship existed. The key term in the provision is "extreme" and thus only in cases of real actual or prospective injury to the United States national or lawful permanent resident will the bar be removed. Common results of the bar, such as separation, financial difficulties, etc., in themselves are insufficient to warrant approval of an application unless combined with much more extreme impacts. Matter of Ngai, 19 I & N Dec. 245. With this qualification in mind, furnish documentary evidence proving that failure to receive the waiver requested will result in extreme hardship to your US citizen spouse.
Please be very detailed as to how you meet the "extreme hardship" burden. Keep in mind that the hardship must be to your qualifying family member - not to you.
Extreme hardship can be demonstrated in many aspects of your spouse's life such as:
a. HEALTH - Ongoing or specialized treatment requirements for a physical or mental condition; availability and quality of such treatment in your country, anticipated duration of the treatment; whether a condition is chronic or acute, or long-or short-term.
b. FINANCIAL CONSIDERATIONS - Future employability; loss due to sale of home or business or termination of a professional practice; decline in standard of living; ability to recoup short-term losses; cost of extraordinary needs such as special education or training for children; cost of care for family members (i.e., elderly and infirm parents).
c. EDUCATION - Loss of opportunity for higher education; lower quality or limited scope of education options; disruption of current program; requirement to be educated in a foreign language or culture with ensuing loss of time for grade; availability of special requirements, such as training programs or internships in specific fields.
d. PERSONAL CONSIDERATIONS - Close relatives in the United States and /or your country; separation from spouse/children; ages of involved parties; length of residence and community ties in the United States.
e. SPECIAL FACTORS - Cultural, language, religious, and ethnic obstacles; valid fears of persecution, physical harm, or injury; social ostracism or stigma; access to social institutions or structures.
f. Any other situation which you feel may help you meet the burden of extreme hardship.
DON'T TRUST THE LAWERS THAT SAY THEY KNOW WHAT THEY'RE DOING WITH I-601. READ THE PREPARED LETTER YOURSELF AND COMPARE WITH THESE GUIDELINES!
Actually this wasn't the letter itself but an attachment that explained guidelines used by CIS to evaluate claims of extreme hardship. I only wish I had it when the lawyer assured me that he was an "expert" on I-601s. Grrr. What a waist of time and money.
As you can see you don't need a lawyer to prepare this waiver. Just do your homework and supply a lot of documents! Second waiver I did myself and it got approved!!!
As far as the processing times go it depends on whether an embassy that processes you visa has a CIS section. If it does then the waiver is processed in 2 to 5 months (in my case it took 4/2 months for the first one and 3 for the second), otherwise the waiver is sent to the U.S. for processing and I heard a lot of horror stories about long, long delays. (over a year at least)
Dear Applicant,
This is in reference to the Application for Waiver of Grounds of Excludability (I-601) you filed in conjunction with your application for an Immigrant Visa. This discretionary waiver is provided for under sections 212 (9)(B)(v) and 212 (i) of the Immigration and Nationality Act. Favorable consideration of such application requires a finding that the refusal of admission to the United States of such immigrant alien would result in extreme hardship to the U.S. citizen or lawful permanent resident spouse or parent of such alien. Approval also requires a favorable exercise of discretion from the Attorney General. Accordingly, all factors, the favorable against the unfavorable, are evaluated in each case. Your U.S. citizen or lawful permanent resident spouse or parent is requested to furnish all evidence and/or explanation seemed appropriate to demonstrate that your refusal of admission to the United States would result in extreme hardship to them. This can include letters written by your spouse, parent or other applicable person and other meaningful documents (can include medical, etc.). All claims of hardship must be supported by documentary evidence or explanation specifying the hardship. Family separation and financial inconvenience, in and of themselves, do not necessarily constitute extreme hardship. Therefore, it is important for your spouse or parent to describe and document any other claim that might be a hardship. The above-requested information is necessary to render an equitable and fair decision on your Application for Waiver of Grounds of Excludability. Any response or evidence should be submitted to enable receipt by this office at the above address no-later-than 45 days from the date of this letter. Should you choose not to reply, the case will be decided on the basis of the information already at hand.
EXTREME HARDSHIP
A waiver of section 212(a)(6)(C)(i) is dependent first upon a showing that the bar imposes an extreme hardship on a qualifying family member. Congress provided this waiver but limited its application. By such limitation it is evident that it did not intend that a waiver be granted merely due to the fact
that a qualifying relationship existed. The key term in the provision is "extreme" and thus only in cases of real actual or prospective injury to the United States national or lawful permanent resident will the bar be removed. Common results of the bar, such as separation, financial difficulties, etc., in themselves are insufficient to warrant approval of an application unless combined with much more extreme impacts. Matter of Ngai, 19 I & N Dec. 245. With this qualification in mind, furnish documentary evidence proving that failure to receive the waiver requested will result in extreme hardship to your US citizen spouse.
Please be very detailed as to how you meet the "extreme hardship" burden. Keep in mind that the hardship must be to your qualifying family member - not to you.
Extreme hardship can be demonstrated in many aspects of your spouse's life such as:
a. HEALTH - Ongoing or specialized treatment requirements for a physical or mental condition; availability and quality of such treatment in your country, anticipated duration of the treatment; whether a condition is chronic or acute, or long-or short-term.
b. FINANCIAL CONSIDERATIONS - Future employability; loss due to sale of home or business or termination of a professional practice; decline in standard of living; ability to recoup short-term losses; cost of extraordinary needs such as special education or training for children; cost of care for family members (i.e., elderly and infirm parents).
c. EDUCATION - Loss of opportunity for higher education; lower quality or limited scope of education options; disruption of current program; requirement to be educated in a foreign language or culture with ensuing loss of time for grade; availability of special requirements, such as training programs or internships in specific fields.
d. PERSONAL CONSIDERATIONS - Close relatives in the United States and /or your country; separation from spouse/children; ages of involved parties; length of residence and community ties in the United States.
e. SPECIAL FACTORS - Cultural, language, religious, and ethnic obstacles; valid fears of persecution, physical harm, or injury; social ostracism or stigma; access to social institutions or structures.
f. Any other situation which you feel may help you meet the burden of extreme hardship.
DON'T TRUST THE LAWERS THAT SAY THEY KNOW WHAT THEY'RE DOING WITH I-601. READ THE PREPARED LETTER YOURSELF AND COMPARE WITH THESE GUIDELINES!
Actually this wasn't the letter itself but an attachment that explained guidelines used by CIS to evaluate claims of extreme hardship. I only wish I had it when the lawyer assured me that he was an "expert" on I-601s. Grrr. What a waist of time and money.
As you can see you don't need a lawyer to prepare this waiver. Just do your homework and supply a lot of documents! Second waiver I did myself and it got approved!!!
As far as the processing times go it depends on whether an embassy that processes you visa has a CIS section. If it does then the waiver is processed in 2 to 5 months (in my case it took 4/2 months for the first one and 3 for the second), otherwise the waiver is sent to the U.S. for processing and I heard a lot of horror stories about long, long delays. (over a year at least)
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