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If filing the I-751 application by herself, how can a spouse prove that termination or removal will result in extreme hardship?

Broadview, IL |

What types of evidence will prove convincing? In my situation, I used to work as a pharmacist in my country. But since I've been in America for a while, without working in my profession (here, I'm a janitor), my license is no longer any good. There aren't any opportunities for me back home. So I want to stay in America. I'm not filing with my husband, because we don't get along. And I stay with my friends.

Attorney Answers 6


  1. Best answer

    Hardship factors include length of presence, work history, family ties, good moral character, contributions to the community, medical needs, and anything else you wish to submit. You may wish to consider getting a divorce and filing under that basis, since you don't need to prove any hardship.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  2. You need a consultation with an immigration attorney. This is not a kind of question appropriate for an online general information blog like AVVO.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  3. What you have to prove is that the marriage was entered into in good faith, and not for you to receive immigration benefits. It's not impossible to obtain a permanent green card when filing without the spouse, but it certainly makes things more difficult. You should definitely seek the help of an experienced immigration attorney in your area; do not try to do this alone. An attorney would need to assess the circumstances to decide what would be the best course of action depending on the specific facts of your case. Good luck.

    [This answer is for general purposes only; it does not constitute advice and does not establish an attorney-client relationship.]


  4. If you are still legally married, then it might be more difficult for you to get the I-751 approved if filing by yourself. Depending on the details of the problems between you and your husband, your situation could be complicated. You really need to consult with an immigration attorney about the situation.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.


  5. I agree with my colleagues that this is something you should consult an attorney directly to do - the merits of a hardship waiver are extremely fact-specific, and websites like this are not designed to discuss them. I will say generally that economic hardship to you, by itself, may not be enough for a waiver, and if you wanted USCIS to consider your career options you would also need to show why it would not be realistically possible for you to reinstate your pharmacist license in your country. You may also wish to consider divorce and a "good faith" waiver, but I would also suggest consulting an attorney directly for that. Good luck!

    www.azitalaw.com - 312.641.0771 - The information above is general in nature and is not intended to create an attorney-client relationship between us. It is intended simply as background material, is current only as of its indicated date, and may not include important details and special rules that could be applicable to your case. You should consult an attorney directly before acting or refraining from action.


  6. Every attorney who answered advised you to retain counsel for that complex legal process. I agree with all of their opinions as well. Please consider listening to the voice of reason: you need an attorney.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one's personal legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

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