Hardship waiver?
Mar 1st 2004, 5:17 am
#1
Guest
Posts: n/a
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?
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?
Mar 1st 2004, 5:27 am
#2
Guest
Posts: n/a
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!
> 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!
Mar 1st 2004, 9:48 am
#3
Guest
Posts: n/a
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.
> 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.
Mar 1st 2004, 1:25 pm
#4
Guest
Posts: n/a
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.
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.
Mar 1st 2004, 2:50 pm
#5
Guest
Posts: n/a
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.
> 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.
Mar 1st 2004, 4:01 pm
#6
Guest
Posts: n/a
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.
-- 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.
Mar 1st 2004, 5:09 pm
#7
Guest
Posts: n/a
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.
> 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.
Mar 2nd 2004, 6:59 am
#8
Forum Regular
Joined: Jan 2003
Posts: 96
Re: Hardship waiver?
Please explain why you would be denied... this would help to clarify what waiver, if any, would be applicable.
Mar 2nd 2004, 2:40 pm
#9
Guest
Posts: n/a
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.
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.
Mar 2nd 2004, 5:25 pm
#10
Joined: Apr 2002
Posts: 35,082
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.
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
Mar 2nd 2004, 9:08 pm
#11
Forum Regular
Joined: Jan 2003
Posts: 96
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!!!
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!!!
