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''Exceptional Hardship" and the 10 year bar

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  • #16
    In reply to Spouse. I don't see what you mean by the "risk" of having a child. The child will still have the love and support of his/her parents whether he/she spends her childhood in Mexico or the USA. My husband grew up in Mexico and he turned out great. If we end up raising our child(ren) in Mexico, what's to say they will be worse off than if we raise them here? Of course, I definately wouldn't admit that to anyone at INS. ;-)


    • #17
      Hi. I never doubt for even a moment that your intentions to have a child are genuine. I am just recommending that you wait until you are somewhat more settled in either Mexico or in the USA, so that neither of you has to risk living away from your child.

      I am a graduate student. I am filing for a waiver for my husband based on leaving school, not being able to make enough money, a couple medical conditions, stress, not having any ties outside the usa, and particular dangers that I would have having a child in the other country (a hear condition runs in our family) etc. etc.

      I think that the education thing might be really good, especially if you can document that you are unable to get an equivalent education in Mexico (shouldn't be too difficult). Also, any medical conditions are pretty strong.

      Think about everything that you can possibly think of and put it all in there. I don't know if mine has been approved or denied and won't for several months... but I am praying!!!

      give us some ideas about yoru basic situation and maybe we can help you organize it.

      Also, check out postings under I-601 waiver (and or AOS) on You may also want to post there to avoid some of the ignorant replies that you can get on this board.


      • #18
        regarding your child... I am not at all discouraging you from having one. I only recommend that you do not let the BCIS choose your timing. If you are willing to have a child knowing that you may have to give birth in Mexico or that your husband may not be by your side. If you are confident that you will have the money to support the child, etc. etc. etc. By all means have one. I just wasn't recommending having one at this exact time due to pressure from the BCIS.

        But if you want a child. Congratulations and good luck - just don't do it for the waiver. It won't necessarily help that much!


        • #19
          But then again... I am one of those annoying people that wants to have a child when everything is as close to perfect as possible (i.e. both my husband and I have finished our educations, gotten decent jobs, and most importantly are living together and know where we will be living for the next few years.) But plenty of people have had children under less than ideal circumstances and have had very happy families and happy and healthy children.

          Please don't think I am trying to tell you what to do. You know your situation much better than I do and I only want to offer whatever help I can, which may not actually be all that much.


          • #20
            I definately understand where you're coming from. I wasn't offended by what you said at all. I agree that it's best to have a child when you're settled, etc. We haven't seriously considered it, it was just an idea that I put up, since I was told by an immigration lawyer that it would be a very good idea. We didn't hire him as he gave both of us the creeps.
            As for other reasons for hardship, there isn't anything I can think of besides what I already said. Could I claim that the cultural barriers would be too hard for me to handle? I speak fluent Spanish and will have a BA in Spanish and Latin American Studies. Do you think that would debunk the language/cultural barrier argument? I don't have any medical conditions. I have some autistic aunts and uncles. Could I claim that autism runs in the family and that if I were to have an autistic child, he/she wouldn't be able to get the proper attention in Mexico?


            • #21
              I guess you have nothing better to do than write "deport illegal aliens". There are people who are using this message board to share ideas and advice. Please be considerate; in the meantime, I will continue to ignore these messages and feel sorry for someone who doesn't have a better use of their time.


              • #22
                Hi. I think that any lawyer that gives you the creeps is not your best option.

                As for claiming hardship: Autism possibilities... it is hereditary and you have some degree of fear that your child could have this (not enough to base your case on, but throwing it in there won't hurt). If you need to help take care of your autistic aunts and uncles and are a strong support system for your mother/father... being away from your parent and being unable to help them care for your aunt/uncle would be very difficult for you psychologically.

                Speaking the language (and having a BA in Latin American studies) definitely debunks some of the arguments about cultural adjustment problems... but having a BA in Latin American studies probably also helps you to be aware of problems and real physical threats or other problems that you might encounter (look on the Department of State webpage or equivalent... they often exaggerate things and that can be used to your benefit to a certain degree - how can the us government disagree with the US government.)

                If I were you I would focus my application on not being able to complete the BA degree (stay in school, get student loans, whatever - from what I understand it is a fairly decent leg to stand on for waivers.... and is good for your future) and on losing earning potential in Mexico. YOu may also want to add in psychological factors... you can probably get at least one letter from the counseling center at your school that indicates that this is causing problems for you.

                you can also make additional things like financial situation a factor as well, but again they cannot be the primary basis for your case. Take time to think about it, get a good lawyer, and do it right.

                Also, you may want to go to the study abroad office and look into options such as NSF grants for learning indigenous languages... that would allow you to go to mexico (if necessary) without having to leave school.

                hmmm are you a USC by birth? I don't think our I-130 took nearly that long!

                Also there is a posting somewhere on this board that refers back to things that you can use. It is a very helpful posting to get you to start thinking. I am not sure where it is now though. I did find it at one point and repost it on under waivers I-601. It is definitely worth reading quickly!

                good luck with it all and please do keep us up to date!


                • #23
                  Yes, I am a USC by birth. Born and raised in the USA by red-neck parents. My parents do not care for my autistic aunts and uncles. My grandmother gave them away to the state when they were kids and it is all a big secret. For some stupid reason my family is ashamed and doesn't want anyone to know, so I would have problems getting the documentation that they even exist.


                  • #24
                    well you could probably get the documentation that they exist, but it might be hard to found a strong argument on that. But at least it wouldn't have been your leading argument anyway.

                    Well if you are USC by birth... hopefully your I-130 will take much less time. Mine was only about 6 months. We received a response in January 2002 (it was entered september 4, 2001). I am not 100% sure as we were using a lawyer at the time, but I think this was at the vermont processing center.

                    Maybe you could make an argument that your family wouldn't be willing to visit you outside the usa.... I don't know if it would work, but I doubt it could hurt (just brainstorming.)


                    • #25
                      TO BONNIE:

                      I am not a immigration attorney now but i have spent yrs in studying and practicing immigration laws. Based on the information on your post, i would advise you that once you will receive a appointment letter for interview, you are allowed to ask to rearrage for some another time for any reasons whatsoever, and pl do it until sec 245(i) is granted, which would definately be granted very soon, since president Bush just have discusssed about it few days ago in the press, but we do not know how soon it will take.

                      I do not know where do you live, but i assume that you live in west coast, where adjustment application takes 8-14 months only to process, but if you live in east coast, specifically New York City, where i live then it takes 2-3yrs to process the same application. So, based on where you filed the application, you have enough time to wait for extention on sec. 245(i), and if you get appointment prior to ext., then ask for another rearrangment which would give you another 4-7 months, and you are allowed upto three times, and that would be enough time to get ext. on 245(i) on the other hand, believe me.

                      As far as waiver is concerned, yr husband would not have any problem at all since laws provide the waiver to be granted if someone has us citizen or permanent resident because immigration knows obviously that in the absence of yr husband you will not have a family and under the family unity law signed by the President Clinton, they have to approve the waiver to him no matter what since this law is designed to have family unity and not the family separation. You do not need to worry what others say about the waiver, i have handled this kind of cases when i was practicing the law. INS also knows that men are mostly the provider to their family. If you would have baby by then, that would be another one more reason of hardship to another us citizen as well on you too about taking care of yr baby alone if he was not allowed to live here and govt does like if someone goes on welfare since they are one who will support you and your child if you would not be able to provide to yourself and to your child in the absence of your husband.But, getting pregnant just for this purpose alone won't be good idea since he can still be able to get approval on that waiver based on you (spouse). Good luck.


                      • #26
                        SAMMY says:

                        "You do not need to worry what others say about the waiver, i have handled this kind of cases when i was practicing the law."

                        What do you do now?


                        • #27
                          Sammy, could you recoment any websites that keep up to date info on the i245? If Bush signs that thing for an extension, than I would be forever grateful!! The lawyer that I talked to a while back said that he didn't think that Bush would actually do it, since Vincente Fox openly criticized the war on Iraq and he'd been the one pushing for an extension. As for the time it will take on our application, I just said two and a half years because the reciept said that "it usually takes 825 days to process this type of application". I am in California.
                          In terms of hardship, I thought of one more thing. If I were to make a down payment on a mobile home (that's all we could really afford to buy right now) and start making payments toward it, could I say that going to Mexico would make me have to forfeit my mortgage and would be hardship? Or would they just tell me to sell it?


                          • #28
                            The only immigration lawyer in our town wanted $2000.00 just to fill out our I-130, and that didn't include the application fee. We live in a small town and all other immigration lawyers are two hours away. I just decided to fill out the I-130 myself. I'm not sure if that was the wisest decision, but I was kind of frustrated and discouraged at the time. We've decided to hold off on an attorney for now. I'll definately get one if I have to apply for the waiver, though.
                            My husband has three sisters who are US citizens, two of them still live in the US, the other lives in Tijuana. Could we somehow bring them into the hardship case? They are way older than him and he never calls or visits them, but could we say that it would be hard on them to have thier brother absent? I don't see why they wouldn't be willing to help out.


                            • #29
                              TO BONNIE:

                              I can provide you the lists of hundreds of websites as what you asked which will keep you updated about the status of sec. 245(i), however, you will find out about it itself, if you listen to the news or read newspapers. It would be impossible that you will not find out, since this would be a big news, because of millions of people's fates are in line. Nevertheless, i could be able to provide to you, if you still needs.

                              As far as other information about Mexico's president and sec. 245(i) is concerned, do not speculate or believe everything you heard. You should know that the laws and rules are made in this country in the interest of this country and its constituents, and not on the opinions of other country's president. President Fox has presented his opinion about the war in Iraq and he is entittled to, and we should respect each others opinion and that's the greatness of this country-Freedom of Speech. So, granting the ext. on 245(i) has nothing to with President Fox's position against u.s. on the Iraq issue whatsoever, while it is entirely upto the congress.Matter of fact, sec. 245(i) has been granted all ready in both (in House ans Senate), but the only problem is that they(congress) are trying to sort(add/delete) some kind of other more final regulations in its, since this would be the last extention probably, because they are tired of kept extending this law since 1997. In addition, let me inform you that it will definately be extended since President Bush, is the one who is a great supporter of this law. So, do not be panic. Your are not the only one who is waiting for its ext., since millions of others too.

                              You said that the processing time on adjustment application in your place is two and half year, then why are you even worried since it WILL NOT take more than few more months to have the ext. on this law and you should be fine. You should not be worried at all, since it will DEFINATELY be extended by then regardless of whatever you heard or others say.

                              As far as waiver is concerned to yr husband, then he will DEFINATELY be granted in your situation, specifically when he has more other u.s.cizitens to name it for hardships on his waiver application even though he is not in touch with them or do not communicate them at all, and more importantly when he is blood related to them, since he can claim that he is the one who provides for them either finacially, emotionally or helping around or etc and they are depend on him for those things, and if he is not allowed to remain in this country then they would face extreme hardship in the absence of him even though in reality it is different situation, you know what i mean.

                              I do agree with you about the immigration attorneys who are looting the people thru taking advantages of needed immigrants that much fees. It is very hard to find a honest and devoted attorney on immigration since each of one is only concerned to their fees only. If i have known you before, i could help you filing the paper without any charges, and i still can provide my help in yr case, i means how your case would process, how to prepare for yr case ahead of time and what problems you would face etc, but it is not possible for me to give all kinds of details information over the net, you know what i mean. You can write me yr email address if you want to need any kind of help in immigration and family law matters. I do know that Immigration attorneys charge upto $250/hr for consultation alone which is in fact just only to take your case only regardless of analyzing your case or impact on you if something goes wrong.So, be careful in choosing a attorney. Honestly speaking, you do not need attorney in this marriage case, not in even in waiver situation, you could be able to do better than them as long as you have all the information about the laws. Moreover, 99% of immigration attorneys represent you only on papers alone rather than trial types of representations, who fight for you in the court.If you still need attorney's help in the future, i can be able to provide you if i know exactly where do you live.

                              As far as your mobile house is concerned, it has nothing to do with waiver neither yr financial situaton at all. If someone is very very rich, but has no their other half(spouse), then money can not provide happiness or replace their other half, and INS knows that, hence immigration law never ask about financial status when it comes to waiver even though you are Bill Gates. Moreover, INS is aware of that in almost every situation, men are the one provider to their family. Please, do not be worry and panic since you do not have that much big problem compared to others. I wish you good luck.


                              • #30
                                $2000 is way too much for an I-130, in my opinion. I don't think you should have much of a problem filing the I-130, ours was filed by an attorney, but it was not difficult to obtain. From my experience, help with the I-601 (if necessary) is a very good idea, and it should definitely be from a good attorney (make sure you research them a little before deciding.)

                                If 245i really is going to go through again, then that is definitely your best bet... I have my doubts because of the climate of the country right now... but I know it has been in discussion for a while, so perhaps it will happen! So, I will keep my fingers crossed for you.

                                As for the I-601, well, I wish it were as easy as Sammy makes it sound, but everything I have heard and read is contrary to that. Unfortunately, being married to a USC does not carry the weight that I would like it to. If you look at the examples of cases that are on the BCIS website, they have almost all been denied for the years 200, 2001, and 2002 (granted this is not all of the cases that were out there, but rather a select viewing).

                                As for the mobile home. I think it might be a good idea, and might help you out. However, be careful not to screw yourself in the process of attempting to prove hardship. A good friend of mine bought a mobile home and had to move. She has been trying to sell it for almost six months and nobody has even entered inside to look at it, although a few have called. Granted hers is a pretty cheap one, of about 10,000, but not only has she had to pay her "mortgage" she has also had to pay rent on the location.... so it has not been a very good financial deal for her. So be very careful about the one you buy... have an appraiser look at it so you know you aren't paying more than it is worth, and make sure that there is a market for resale and that renting it out is another possibility on the property where it will be located (my friend can't rent hers even though she is next to a university, because the owners of the property where it is parked do not allow rentals.) So make sure you check all the details before you make a purchase of this nature and make sure it is the best possible plan. But yes, I believe it could help to some degree as it would help to establish your connection to this country (here is where the family unity law comes in.... if you can prove that it would cause you extreme hardship to leave the country then they will grant the waiver, if they feel that it is not extreme hardship to leave the country then they will let you be "unified" elsewhere."

                                As for brothers and sisters of your husband, listing them cannot hurt you, having them claim hardship cannot hurt you, but again, it cannot be the entire basis of your waiver. You need to make sure that YOU CANNOT LEAVE THE COUNTRY TO BE WITH HIM - this is what you need to prove, and if at all possible you want to prove that his returning to the USA would alleviate hardship to you (the USC petitioner).


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