QUESTION
If my spouse was asked to submit form I-601, how bad is his situation?
Asked on Feb 06th, 2014 on Immigration - Texas
3 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you and/or your spouse contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your spouse's situation. (S)he would then be in a better position to analyze your spouse's case and advise you of your options.
Answered on Feb 12th, 2014 at 1:52 PM
This is a very serious allegation. You must prove that you'll suffer extreme hardship as a matter of law and USCIS discretion with reliable and sufficient evidence. A 212(h) waiver, as it is called is also decided based a series of decisions at the Board of Immigration Appeals. She may only have one chance. I strongly recommend that you hire a competent and experienced immigration attorney to help you with the 212(h) waiver process. Good luck. The above is general Information, not legal advice, and does not create an attorney-client relationship.
Answered on Feb 12th, 2014 at 3:19 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Having to request a waiver from USCIS is pretty serious. It looks like he has been found inadmissible to the US because he committed misrepresentation or fraud to obtain an immigration benefit. To get the waiver approved, he must prove that you or his parents would suffer extreme hardship should his waiver application be denied.
Answered on Feb 11th, 2014 at 4:52 PM