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

Asked over 1 year ago - 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. Alexander Joseph Segal

    Contributor Level 20

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    Answered . 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)... more
  2. Daniel Warren Thomann

    Contributor Level 15

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    Answered . 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... more
  3. Alexander M. Ivakhnenko

    Contributor Level 20

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    Answered . 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... more
  4. Fernanda Nunes Hottle

    Pro

    Contributor Level 14

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    Answered . 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... more
  5. Michael Hugh Carlin

    Contributor Level 19

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    Answered . 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... more
  6. Stephen D. Berman

    Contributor Level 20
    Best Answer
    chosen by asker

    Answered . 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... more

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