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I-130 aproved so now i was told that i supposed to writte a letter a hardship letter but i tought the us citizen should do it?

Asheboro, NC |

iIm the beneficiary my hausband is a usa citizen and we have a I-130 aproved so i was told that im the oned that need to writte a hardship latter stating how we meet,and how hard my life has been with out an status and the extreme suffered, but my friend las year legalize her status but her husband was the one witting it not her but i dnt knw if it change since before was a I-601 and now its the I-601A.I knw they just care about the us not the alien so im confused and want to make sure im going on the right path or was i told wrong? Who writtes the letter?the US CITIZEN OR ALIEN? THANKS

Attorney Answers 3


  1. When determining whether extreme hardship is present, USCIS considers the hardship to the qualifying relative (i.e. the U.S. spouse). However, it is often helpful to have a statement from the alien as well. This is especially true when the grounds for inadmissibility are due to material misrepresentation or criminal grounds. You should consult an experienced immigration attorney.

    Wendy R. Barlow, Esq, The Law Offices of Grinberg & Segal, P.L.L.C., 111 Broadway, Suite 1306, New York NY 10006, (866) 456-­8654, wendy@myatorneyusa.com, www.myattorneyusa.com. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.


  2. The hardship is to the United States citizen or legal permit resident qualifying relative. Thus you need to demonstrate the hardship to the qualifying relative


  3. The hardship has to be experienced by the US citizen. BUT - you should also include a letter yourself, to talk about the problems/hardship you think your spouse will have if you go back home - particularly, if your husband moved with you back to your home country. Since you are asking for a waiver, too, it's also a good idea to talk about how you're sorry about what happened in the past and how you want to make things right with immigration. It's a lot of work and if you have the money to do so, an experienced immigration attorney should be able to help you put together a really strong waiver package.

    This general advice does not create an attorney-client relationship.

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