HRR Waiver attempt or back home???
Mar 28th 2005, 5:24 am
#16
Just Joined
Thread Starter
Joined: Mar 2005
Posts: 15
Re: HRR Waiver attempt or back home???
Originally Posted by Jonathan McNeil Wong
Asem78 wrote:
>>Hi:
>>Bruce Hake in Damascus, Maryland.
>
>
> Thanks Folinskyinla,
>
> I would consider that. One more thing, Is their an expiration date
> for filing I-130? and would it have any unfavorable consequences,
> if we travelled HOME once the J-1 expires?!!!! we are thinking of
> doing it now?
>
> thnx
You can file an I-130 so long as the qualifying relationship exists.
Bruce Hake is the creator of the famous-among-immigration-lawyers "Hake
Hardship Scale", which was in beta in 2002. Basically he has digested
all of the published administrative cases on hardship-based waivers and
constructed a statistical model that attempts to quantify and harmonize
the case results and predict outcomes based on different fact patterns.
--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.
================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
>>Hi:
>>Bruce Hake in Damascus, Maryland.
>
>
> Thanks Folinskyinla,
>
> I would consider that. One more thing, Is their an expiration date
> for filing I-130? and would it have any unfavorable consequences,
> if we travelled HOME once the J-1 expires?!!!! we are thinking of
> doing it now?
>
> thnx
You can file an I-130 so long as the qualifying relationship exists.
Bruce Hake is the creator of the famous-among-immigration-lawyers "Hake
Hardship Scale", which was in beta in 2002. Basically he has digested
all of the published administrative cases on hardship-based waivers and
constructed a statistical model that attempts to quantify and harmonize
the case results and predict outcomes based on different fact patterns.
--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.
================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
thanx man for ur response,
yeah, the relationship does exists and within the US law frame.
I tried to find an online version of Hake's hardship scale, so as to establish some kind of measurement and gauges it to mine, yet my attempts turned to be both sterile and futile!
I would appreciate if someone could help me find that!
thnx a million man
Mar 28th 2005, 5:32 am
#17
Just Joined
Thread Starter
Joined: Mar 2005
Posts: 15
Re: HRR Waiver attempt or back home???
Originally Posted by Folinskyinla
Hi:
Once the I-130 reaches Department of State, there is a processing deadline of essentially one year for you to respond to any correspondence. However, DOS [i.e. NVC] will hold the I-130 if you give them a good reason and the 2-year FRR is a "good reason."
BTW, one advantage of this is that VISA processing can be done in advance of satifsying the 2-year FRR and the interview held AS SOON as the 2yrfrr is satisfied.
Once the I-130 reaches Department of State, there is a processing deadline of essentially one year for you to respond to any correspondence. However, DOS [i.e. NVC] will hold the I-130 if you give them a good reason and the 2-year FRR is a "good reason."
BTW, one advantage of this is that VISA processing can be done in advance of satifsying the 2-year FRR and the interview held AS SOON as the 2yrfrr is satisfied.
ur comments on the I-130 issue is definitely an answer i was seeking to my earlier question. Now, while I am residing home to fulfil my HRR and received an early approval of my I-130, say within the first six months, could i then pursue other procedures for filing for an immigrant visa and is it possible that it becomes ready beofre my two years with the condition that i should first fulfill the two years?
i am trying to establish a vision of which is easier, Guranteed, and less time-consuming: a hardship waiver or fulfilling the HRR?
your comments are highly appreciated!
you have a nice day
Mar 28th 2005, 5:45 am
#18
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: HRR Waiver attempt or back home???
Originally Posted by Asem78
Thnx Folinskyinla,
ur comments on the I-130 issue is definitely an answer i was seeking to my earlier question. Now, while I am residing home to fulfil my HRR and received an early approval of my I-130, say within the first six months, could i then pursue other procedures for filing for an immigrant visa and is it possible that it becomes ready beofre my two years with the condition that i should first fulfill the two years?
i am trying to establish a vision of which is easier, Guranteed, and less time-consuming: a hardship waiver or fulfilling the HRR?
your comments are highly appreciated!
you have a nice day
ur comments on the I-130 issue is definitely an answer i was seeking to my earlier question. Now, while I am residing home to fulfil my HRR and received an early approval of my I-130, say within the first six months, could i then pursue other procedures for filing for an immigrant visa and is it possible that it becomes ready beofre my two years with the condition that i should first fulfill the two years?
i am trying to establish a vision of which is easier, Guranteed, and less time-consuming: a hardship waiver or fulfilling the HRR?
your comments are highly appreciated!
you have a nice day
The actual IV cannot be granted until you fulfill the 2yrfrr -- but that does not stop the I-130 and "Packet 3" processing. It is conceivable that on the 2nd anniversery of the date of return to the home country that the visa would be granted since all the preliminary work is done.
This is one of the big differences between AOS in the States and IV processing abroad.
Mar 28th 2005, 6:03 am
#19
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: HRR Waiver attempt or back home???
Originally Posted by Asem78
That is right, the harship should be for her either here or by accompanying me there.
... i need her to pursue a degree right after the two years!
I would feel guilty if it takes longer than two or three years, considering the difference in FOOD, CULTURE, AND THE NORMS OF LIFE IN GENERAL!
Ian
