QUESTION
Should we appeal or re-file the I-601 waiver?
Asked on Oct 10th, 2011 on Immigration - Texas
More details to this question:
I met my Brazilian wife in 2006. She moved to Brazil in 2006. We got married in 2009. I have been living in Brazil since then. Things here are very difficult for a foreigner and I do not speak Portuguese. We file for a spouse visa, which was denied due to her unlawful presence in the US. We just received an e-mail from Lima denying our I-601 waiver. Should we appeal or re-file the waiver? How can I prove extreme hardship if we live together?
5 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
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Extreme hardship is a very difficult standard and impossible to advise you through a forum such as this because it is very fact-specific. Often there is not one single factor that is compelling so you need to paint the picture of the whole situation for the USCIS Officer. If your case is already denied unlikely you can get a strong enough case together to appeal in time so it likely will be a re-file. You should set up a paid phone consultation to review your case so you can be properly advised.
Answered on Nov 07th, 2011 at 9:35 AM
Criminal Law Attorney serving Las Vegas, NV
at
Reza Athari & Associates, PLLC
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I usually recommend my clients not to appeal and file a new one. Waivers are complicated and you should hire an attorney.
Answered on Nov 02nd, 2011 at 11:23 PM
Assault Attorney serving Richardson, TX
2 Awards
It will be very hard to meet the standard for hardship either way. The best chance is to wait and refile.
Answered on Nov 02nd, 2011 at 3:36 PM
It is unclear whether you can More information is needed. You may appeal, re-file, or wait, but have a little less than 30 days from the decision to act. I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney.
Answered on Nov 02nd, 2011 at 2:01 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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Re-file with professional assessment. The hardship can include your isolation in Brazil, not speaking the language, limited employment, separation from US family, friends, etc. As this case doesn't seem to have the common hardship issues (medical, security) your case is stronger if you get a psychological assessment of your emotional and mental state if you were forced to remain in Brazil due to your wife’s waiver denial.
Answered on Nov 02nd, 2011 at 1:50 PM