My husband is from Mexico & I am born an American citizen. I was born with Marfans Syndrome, will be on medication for the rest of my life. The medicine is to stop my enlarged Aortic Root from growing. I have a prolapsed mitral valve. I developed Scoliosis at age 14, my spine was fused with titanium rods. I was born with a concave chest, had it operated on 3 times. Age 18, had a modified ravich, meaning pectus was pushed out, a bar placed underneath & left in for 6 months. This was done because my pectus had grown in & was pushing on the pericardium of my heart. A few years later, my pectus began to grow back in,had the procedure repeated at age 22 (I'm now 24) this time the bar will b left in 3 years. My heart & Aorta must b checked yearly. I'm unemployed & my husband makes good money.
You certainly have some indications for a good hardship application, but you need to work with an attorney.
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You certainly have a lot of terrible medical conditions. However, you don't state whether you have health insurance. If you do, hopefully, it is through your husband. If so you may have an excellent case. Also, whether or not you children or other family in the U.S.
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
Yes you have enough evidence of hardship but you did not provide sufficient details of your husband's situation to determine whether or not he qualifies for a waiver to begin with. You may wish to consult with a lawyer to help.
The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.