Hardship waiver?
Something I've seen mentioned here a couple of times, and a coworker of my
mother's is going through is filing a "hardship waiver" after having a AOS denied. I seriously doubt my mother's coworker's case would parelle anything for me and my wife: it's a USC marrying a illegal mexican construction worker with a local arrest record for drugs. But I'm wondering what form of hardship waiver-- based on keeping my wife from be seperated from me and our 13 month old son by her return to Canada and the financial and emotional hardship of a move-- would be available to us should we be denied? |
Re: Hardship waiver?
AlphaTrion-TJW wrote:
> Something I've seen mentioned here a couple of times, and a coworker > of my mother's is going through is filing a "hardship waiver" after > having a AOS denied. > I seriously doubt my mother's coworker's case would parelle anything > for me and my wife: it's a USC marrying a illegal mexican construction > worker with a local arrest record for drugs. > But I'm wondering what form of hardship waiver-- based on keeping my > wife from be seperated from me and our 13 month old son by her return > to Canada and the financial and emotional hardship of a move-- would > be available to us should we be denied? Sorry but it sounds like a weak case to me. I think you need to show extreme hardship which would be over and above the normal hardship faced by people who are separated because of this. They will argue "Why don't you move to Canada?" and you will say "Because I will miss my friends and family and job" and they will respond "So would anybody who had their wife denied AOS". Search around a bit, there are resources on the net describing what sorts of things help qualify you for extreme hardship (Oh and check if you need to prove extreme hardship or just hardship (not extreme?)). -- I'm not a complete idiot, some parts are missing! |
Re: Hardship waiver?
AlphaTrion-TJW wrote:
> Something I've seen mentioned here a couple of times, and a coworker of my > mother's is going through is filing a "hardship waiver" after having a AOS > denied. > > I seriously doubt my mother's coworker's case would parelle anything for me > and my wife: it's a USC marrying a illegal mexican construction worker with > a local arrest record for drugs. > > But I'm wondering what form of hardship waiver-- based on keeping my wife > from be seperated from me and our 13 month old son by her return to Canada > and the financial and emotional hardship of a move-- would be available to > us should we be denied? > Why does your wife need a waiver? Generally financial hardship isn't enough, and Canada isn't really an impoverished nation. Emotional hardship would seem to apply to anyone filing I-601. |
Re: Hardship waiver?
I'm talking more of a hardship on the USCs me and my son. I heard there was
a family waiver something about family unity. It was supposed to be a waiver based o keeping families together and not putting undo burden on the USC (or something like that). I was looking ath teh INS website and the closest thing to a waiver based on family is a I-690. It's the only one that uses the phrase family unity. As for why, I don't even know if we would need to go that route yet, got to thinking about it after talking to my mother's coworker. |
Re: Hardship waiver?
AlphaTrion-TJW wrote:
> I'm talking more of a hardship on the USCs me and my son. I heard > there was a family waiver something about family unity. It was > supposed to be a waiver based o keeping families together and not > putting undo burden on the > USC (or something like that). I was looking ath teh INS website and > the closest thing to a waiver based on family is a I-690. It's the > only one that uses the phrase family unity. How would your family be split up if you and your family are moving to Canada? You know some people move to Canada willingly? IOW its hardly an extreme hardship as it is doable as evidenced by the fact that many others do it already. If a wavier is required you will need to show more hardship that "my family would be split up because it's inconvenient for me to move to Canada". > As for why, I don't even know if we would need to go that route yet, > got to thinking about it after talking to my mother's coworker. You must have something that makes you think a waiver might be required. Either you know that a waiver will be required, in which case which wavier and why you need it are of paramount importance because there are different ones, or you think a wavier might be required in which case you really should tell us why you think so so that we can help you determine if you are worrying over nothing. And if a waiver is required then you really need to speak to a competent immigration attorney with experience in the area of waivers. -- I don't have a solution but I admire the problem. |
Re: Hardship waiver?
Right off the top of my head:
-- I'd have to shutdown my business. I do freelance webdesign and volunteering for local companies and police offices which requires me to be living here to take photos, do meetings, etc...it's not something I can run from Toronto. -- I'm reapplying for college to finish my degree, that's two years right there, at least. So that'd be out the door. Including my student financial aide. -- I'd have no medical coverage in Canada. And I have a couple of conditions that I have to monitor on a regular basis. -- My father is recovering for surgery so and with my mother working I have to help with him; though that's not long term. -- We have no family that could really help us in Canada. My inlaws are close to losign their home. -- Neither one of us, my wife or my self, would be employed. I'm sure there is more that I'm missing. |
Re: Hardship waiver?
AlphaTrion-TJW wrote:
> Right off the top of my head: > -- I'd have to shutdown my business. So does anybody else who is moving to another country (well usually). They give up either their business or their job, in any event, their current livelihood. > I do freelance webdesign Easily done from anywhere on the planet actually. > and volunteering for local companies and police offices You can continue to volunteer for local companies and police offices in your new locality. > which requires me to be living here to take photos, do meetings, > etc...it's not something I can run from Toronto. You can do similar things in Toronto. > -- I'm reapplying for college to finish my degree, that's two years > right there, at least. So that'd be out the door. Including my student > financial aide. College credits transfer. Canada has colleges. > -- I'd have no medical coverage in Canada. Nobody has medical coverage in a country they have not yet moved to. Medical coverage exists in Canada - in fact many would say it's better. > And I have a couple of conditions that I have to monitor on a regular > basis. That might be something, depending on what it is. You need to think along the lines of "Don't people who live in Canada have similar medical conditions and what do they do?" then describe why that wouldn't work for you. > -- My father is recovering for surgery so and with my mother working I > have to help with him; though that's not long term. If your father was recovering from surgery, needed long term or indefinite health care and there was nobody else to do it (i.e. your mother and/or other siblings were not able to take care of your dad), you'd have a better case for extreme hardship. However you apparently don't have that here. > -- We have no family that could really help us in Canada. Neither do most people who move to another country. > My inlaws are close to losign their home. That's their problem - not yours. > -- Neither one of us, my wife or my self, would be employed. And yet many fine jobs do exist. Why would you be unable to get one? I'm not trying to be a hard ass here, I'm just trying to provide you with insight as to how the other side (USCIS in this case) would evaluate your supposed hardships. Your case, to me, is still weak. There might be other things you can use and we still haven't even verified that you need it in the first place! However, in general, you need to stop thinking along the lines of plain hardship and start thinking along the lines of extreme hardship. Think "People move to other countries everyday and all of them face hardships created by such a move. People do not immediately have jobs nor a place to live nor medical coverage, they do not have friends and family and they are often giving up things like homes, businesses and opportunities. What is it about my hardship that is extreme or above the normal, expected hardships of relocating to another country?". -- Earth First! We'll stripmine the other planets later. |
Re: Hardship waiver?
Please explain why you would be denied... this would help to clarify what waiver, if any, would be applicable.
|
Re: Hardship waiver?
In all honesty I can't tink of any reason we woudl be denied. We have the
financial sponsors we need, we have everything that we need. However, I'm a orry wort so I tend to hope for the best and prepare for the worst. |
Re: Hardship waiver?
Originally posted by Alphatrion-Tjw In all honesty I can't tink of any reason we woudl be denied. We have the financial sponsors we need, we have everything that we need. However, I'm a orry wort so I tend to hope for the best and prepare for the worst. Honest, I'm not kidding. Many, many people have found relief and a new enjoyment of life after reading this book. best, meauxna |
Re: Hardship waiver?
Then my guess is that you will not be denied, and if you are you will probably need to appeal it and that is it. Hardship waivers (to the best of my knowledge are usually for a variety of things that would prevent someone from entering the states.
for example, 1. overstay 2. illegal entry 3. AIDS or other serious disease 4. Criminal activity or a crime of moral turpitude 5. deportation/removal So, don't worry about it!!! |
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