Bluegrass Lass

So you've already filed one hardship waiver that got denied? From what your post said, this waiver was in conjuction with a tourist visa and not a spousal visa correct? Was it an I-601 waiver that you filed? Someone else speak up if I'm wrong, but I think you could file another waiver along with your spousal visa, this time preferably with an experienced attorney.

Go visit the forum I mentioned above. I think they could provide you some pretty damn good info that the regulars on here are unaware of. We usually don't get too many waiver related questions.

Tracym

That was my thought.

Noorah101

But wasn't that for a visitor's visa? This is a whole new ball game. This is for an Immigrant Visa. Totally different. You might not be able to appeal the decision on his waiver for the visitor's visa, but with a good attorney's help, you have a chance at the Immigrant Visa.

This IS what will happen if you file a waiver for his Immigrant Visa. They will read the hardship waiver, they will take your personal scenario on its merits, and they will look at your case on a more individual basis. They will look at WHY you both need to living in the USA. But without that waiver, they will not look at these details, they will only see that he has a ban, and will deny the visa. As fatbrit said, the process might suck, but that's the process....you have to go through it the way they want you to.

It's OK, many of us here have been very frustrated with immigration.

Rene

fatbrit

Think it's a 601, isn't it? I try not to catch the dreaded Folinskyitis unless it's actually important to have the distinction.

Noorah101

Angela, you might want to read this thread: http://britishexpats.com/forum/showt...89#post6628789

Little bit different scenario, but deals with a hardship waiver and the lack of getting an attorney to write it up.

Rene

fatbrit

Understandable -- but you're only shooting yourself in the foot.

Tracym

Now now, I wasn't picking on you...

It just does seem different to me. Appeal to me means asking someone else to say the first decision was wrong.

Waiver is basically, the first decision was correct - but pretty please waive it for me.

I had read something recently by another attorney saying why it was at times better to AOS in the US than apply for a spousal visa - because appeal was possible in the US, but not overseas. (This obviously doesn't apply to this particular case). So it just seemed to me that it might be an important distinction.

fatbrit

Go with waiver. Appeal is a general term, I believe, whereas I-601 is even more specific. I think it's moot (to coin another legal phrase here) since the OP has given up. But if she gave up, why is she posting here?

Tracym

You are right, the technicality does not matter to the OP. My query was to satisfy my own curiousity.

Noorah101

Was he deported for working illegally, or was he deported for having overstayed some kind of visa? Just curious.

Rene

Angela and Brett

I sent an email and letter with the full details of the situation and here is the response I got.

Based on the information in the attached letter, if your husband wishes to travel to the U.S. for a short visit whilst his immigrant visa application is on hold (at your request), he will need to apply for a B-2 (holiday) visa. He should bring to the interview full details of his previous immigration violation and the consular officer will advise him further on the day of the appointment.

Please refer to our website for further information - http://london.usembassy.gov/cons_new...d_refused.html

Sincerely,

Consular Information Unit
U.S. Embassy, London
CONS/CIU/SF


So I applied for this B-2 holiday visa.

I have no idea what a hardship waiver is but I included all the documents proving to the embassy he would not stay in the U.S. we have 4 pets here, I included a letter from the Vet, I also included letters from my Mother and Sister and myself. My mother offered to take full responsibilityeven financially for him as we would never risk his chance at an Immigration Visa by stepping out of line somehow.

I included pictures of my Grandma and of us and our life here in the UK, showing we had a house a business 2 cars and an RV there would be no chance of us leaving all our assets because apparently they said we would need to prove this.

Can you guys tell me what a hardship waiver is and where do I get the form I have seen this I-212 but I am so confused what to do.

I should get a lawyer but I'm stubborn, my own govt should make thier process easy enough for an American imo and it's not. Its completely geared up for people to fail. Thats a real shame.

It appears from what you all have said I have applied for the wrong Visa which also was to get a waiver of ineligibility which was turned down.

on the paperwork they ticked it was because of 212(a)(9)(A)(i) alien removed at port of entry

If there is a hardship waiver form I would gladly fill it in as this does create tremendous hardship.

Angela and Brett

he was deported for working illegally, though I dispute that as he was working for a UK company.

Noorah101

You have 2 different issues going on.

1. Your husband applied for a tourist visa, to VISIT the USA. This was denied because of his past immigration violation. Is this the visa you are trying to overcome the denial for? Evidently they have said there is no appeal to their decision of a denial, so to me, it sounds like he will be unable to visit the USA until his ban is over.

2. Your husband has applied, or will be applying (not sure which now) for an Immigrant Visa to MOVE to the USA. This is the one we are predicting will be denied, if he has a ban in place. This is the one you will need a hardship waiver for. The hardship waiver must show hardship to the USC...in other words, will have to show why YOU cannot live in the UK, and why it would be a hardship for you to live in the USA without your husband (kind of hard to do now, in my opinion, since you have a lot of proof that you both can indeed live comfortably in the UK). But, a good lawyer might see something he can use to write a good hardship waiver.

To me, it sounds like the visit to USA isn't going to happen. You should now focus on your husband's immigrant visa path, and getting a good hardship waiver for that. As all of us have said, it's not usually a do-it-yourself project, and if you read the link to the thread I mentioned, you'll see why.

Best Wishes,
Rene

fatbrit

You're fighting a battle you'll lose here. Go for the possible.

meauxna

Angela, in the kindest possible context: get over it.

The company screwed him. Life happens. We're in the here and now, and if you want to move forward, you just have to deal with the rules as they are. We have ALL gone through this one way or another and have bent what we would prefer to do, or what we think is right or sensible, in order to meet our bigger goals.

You are not *required* to have a lawyer to go through the waiver process. If you are determined, organized and are willing to do your homework, it's possible to do your own waiver. There is an excellent DIY group at immigrate2us.net with a couple of specialist lawyers lending a hand (and informative articles).

Ironically, an I-601 is probably easier to get for a Mexican citz than a Brit. You'll want to study specifically London waiver letters and tips when you get that far.

You need a much different approach to this waiver than the things you discuss with your previous application.
You'll find that the whole thing is going to take about a year to a year & 1/2 to complete. If you don't want to wait the additional 7 years, this is the only remedy.

I know it's frustrating and it's so tempting to say screw it, but you seem like just the sort of determined person who can do very well with this once pointed in the right direction.