Mbjers

Is this better written by an ordinary person or lawyer? What exactly
is entailed and does anyone know of a site where there are examples?
I know it varies by case but I just dont know how much proof is
enough.....

Tbrghtmn

I think it matters if you're filing the 601 or the 212. With a 601 I believe
you need to explain *extreme* hardship as apposed to just hardship with the
212. Don't know what the difference is really. But, for our 212 letter, I,
the US citizen, wrote a kind of story from the beginning of our relationship,
how we met, how our relatioship progressed and how deeply involved we became in
each other's lives. I wrote everything from the beginning to the present time
when he was out of the country. I explained how difficult it would be for me
to live there, not knowing the language, the impossible social and economic
conditions and that I would never be able to work there and maintain the life
that I was accustomed to here in my own country. Age discrimination was legal
there and I wouldn't find a job even if I *did* know the language. Etc, Etc.
Then my husband had to write a brief statement of the same. Not too much
detail was wanted from him.

    >From: [email protected] (MBjers)

    >Is this better written by an ordinary person or lawyer? What exactly
    >is entailed and does anyone know of a site where there are examples?
    >I know it varies by case but I just dont know how much proof is
    >enough.....

Mbjers

[email protected] (Tbrghtmn) wrote in message news:...
    > I think it matters if you're filing the 601 or the 212. With a 601 I believe
    > you need to explain *extreme* hardship as apposed to just hardship with the
    > 212. Don't know what the difference is really. But, for our 212 letter, I,
    > the US citizen, wrote a kind of story from the beginning of our relationship,
    > how we met, how our relatioship progressed and how deeply involved we became in
    > each other's lives. I wrote everything from the beginning to the present time
    > when he was out of the country. I explained how difficult it would be for me
    > to live there, not knowing the language, the impossible social and economic
    > conditions and that I would never be able to work there and maintain the life
    > that I was accustomed to here in my own country. Age discrimination was legal
    > there and I wouldn't find a job even if I *did* know the language. Etc, Etc.
    > Then my husband had to write a brief statement of the same. Not too much
    > detail was wanted from him.


Thanks anyway...it is the 601 not 212....The lawyer I chatted with
last night wasnt that helpful.
    >
    > >From: [email protected] (MBjers)
    >
    > >Is this better written by an ordinary person or lawyer? What exactly
    > >is entailed and does anyone know of a site where there are examples?
    > >I know it varies by case but I just dont know how much proof is
    > >enough.....
    > >
    > >
    > >
    > >
    > >
    > >

Folinskyinla

Hi:

As simple as your question may be, it is the answer that is complicated. The term "extreme hardship" has often been described as one not capable of precise definition. The law on this area is complicated and the results are quite fact specific.

It is often said that the "common results" such as separation, financial difficulties [short of extreme poverty] do not, in of themselves, raise to extreme hardship.

Beware of the fact that "extreme hardship" is a LOWER burden than "extreme and unusual hardship." There is recent case law from the Board of Immigration Appeals interpreting these terms in regards to the former "suspension of deportation" and the new "cancellation of removal."

Also, the degree of hardship that is "extreme" can depend upon the nature of what is to be forgiven. For example, forgiveness of an overstay caused by hospitalization due to an auto accident is more likely to be forgiven than just overstaying and working without authorization.

Beware that a simple "letter" is not sufficient.

If you came to see this lawyer, I would sit down with you for some time to figure the best approach in your case.

Good luck.

Mbjers

Folinskyinla wrote in message news:...
    > Originally posted by Mbjers
    > > Is this better written by an ordinary person or lawyer? What exactly
    > > is entailed and does anyone know of a site where there are examples?
    > > I know it varies by case but I just dont know how much proof is
    > > enough.....
    >
    > Hi:
    >
    > As simple as your question may be, it is the answer that is complicated.
    > The term "extreme hardship" has often been described as one not capable
    > of precise definition. The law on this area is complicated and the
    > results are quite fact specific.
    >
    > It is often said that the "common results" such as separation, financial
    > difficulties [short of extreme poverty] do not, in of themselves, raise
    > to extreme hardship.
    >
    > Beware of the fact that "extreme hardship" is a LOWER burden than
    > "extreme and unusual hardship." There is recent case law from the Board
    > of Immigration Appeals interpreting these terms in regards to the former
    > "suspension of deportation" and the new "cancellation of removal."
    >
    > Also, the degree of hardship that is "extreme" can depend upon the
    > nature of what is to be forgiven. For example, forgiveness of an
    > overstay caused by hospitalization due to an auto accident is more
    > likely to be forgiven than just overstaying and working without
    > authorization.
    >
    > Beware that a simple "letter" is not sufficient.
    >
    > If you came to see this lawyer, I would sit down with you for some time
    > to figure the best approach in your case.
    >
    > Good luck.


Well I cant exactly "sit down" to see a lawyer. Here in Sweden where
I am right now, not many lawyers are knowledgeable in immigration law
especially US immigration law. I chatted with a lawyer on Monday
evening. I cant procure his services yet until next week. But
essentially I asked him about this letter. He said my husband would
have to write a letter of remorse and explain why being separated from
me and his children would be hardship. He just lost his job this
month. We have no money in the bank. My kids are going hungry. I
may be forced to leave him and take the kids back to the US. I dont
want to do this, but I have to do what is right for my children. I
just cant live here anymore. I hate Sweden and every month is like
this only now he has lost his job. He committed his crime of theft
and receiving stolen property 8 years ago. He had no jail time yet
had 2.5 years of probation.

He has been reformed. That was an isolated incident. The lawyer said
my proving hardship was good that it was isolated. I just dont
understand how much proof they want. When I asked him about the
letter and if it would be better if a lawyer wrote it, he said
sometimes but that I didnt want my letter to get weighed down with
legalese....I really need for an attorney to do this. I feel like if
I do it, I will mess it up greatly.

That being said----------how the hell do you know if you have a good
attorney???? I am really trying to find one..I was going to use this
guy but I wrote him almost a week ago and he has yet to write me.
That says alot to me. I know of another one in Oregon that is versed
in Swedish as well as English. My husband is leery of him though. I
refuse to believe that finding help with this matter is supposed to be
this hard. I guess I am just special!

Tbrghtmn

I communicated with a couple who was going through the process the same time as
we were. They needed both the 212 and the 601. Both were approved and I
remember him asking me about my letter for the *extreme* hardship. I don't
know if he used the same letter for both or what. I'm sure if you do a search
with the words 601 waiver extreme hardship ins you'll come across something.
Good luck.

    >From: [email protected] (MBjers)

    >Thanks anyway...it is the 601 not 212....The lawyer I chatted with
    >last night wasnt that helpful.
    >>

Mbjers

[email protected] (Tbrghtmn) wrote in message news:...
I really hope I do not need yet ANOTHER waiver. The consul that
turned him down said nothing about a 212...what is that exactly? We
are consulting the attorney in Oregon and hopefully he can help.
I did the search and believe me, it's like trying to find a needle in
a haystack! Thanks though!


    > I communicated with a couple who was going through the process the same time as
    > we were. They needed both the 212 and the 601. Both were approved and I
    > remember him asking me about my letter for the *extreme* hardship. I don't
    > know if he used the same letter for both or what. I'm sure if you do a search
    > with the words 601 waiver extreme hardship ins you'll come across something.
    > Good luck.
    >

Tbrghtmn

It is a request for permission to re enter after deportation/removal.

    >From: [email protected] (MBjers)

    >I really hope I do not need yet ANOTHER waiver. The consul that
    >turned him down said nothing about a 212...what is that exactly?

Mbjers

[email protected] (Tbrghtmn) wrote in message news:...
    > It is a request for permission to re enter after deportation/removal.
    >
    > >From: [email protected] (MBjers)

Oh well then I definitely wont need that...he was never deported or
removed. We may have a fraud issue to deal with but he didnt mean to
de-fraud..LONG story there....Thanks again!