QUESTION
Does anyone know about the proposed changes to the Hardship waiver? My husband and I are hoping to get his papers and need more help and information.
Asked on Jan 29th, 2012 on Immigration - North Carolina
More details to this question:
My husband and I have been married for 3 years and have a child together. We both work but I can financially uphold our household myself. But mentally and psychologically I would not be able to handle him having to return to Mexico to apply and wait for permission to return. I not long ago lost my mother causing extreme anxiety and depression. Would that qualify for the Hardship waiver? My husband is here illegally,having been brought here as a small child. He was deported once, but his 10 year ban has passed. Would that cause issues? Plus, my husband has a real fear of returning to Mexico, having had family murdered and family members threatened. Would that be considered Asylum?
1 ANSWER
The proposed changes to the hardship waiver are that the waiver would be filed here in the U.S. rather than having to do so through the U.S. Consulate outside of the U.S. The proposed changes are filing procedures alone, and nothing substantive about eligibility would change. The hope is to try and reduce the amount of time the foreign national spouse would be forced to be outside of the U.S. and away from his or her family. At this point it is only a proposed change, and nothing has been finalized.
You can find some useful info on hardship waiver eligibility at:
http://www.borderimmigrationlawyer.com/i-601-waiver-approval-extrem
Right now the change in filing procedures is only a proposed change, and nothing has been finalized. It is unknown at this point how the proposed change will work if finalized, any risks to being placed into removal proceedings if the waiver is denied etc.
These types of cases are fairly complex and I recommend at least consulting with an immigration attorney to understand your specific facts, strength of case, timing considerations etc.
Regards,
Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
www.srwlawyers.com
awilson@srwlawyers.com
Answered on Feb 06th, 2012 at 11:23 AM