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What can I do now to prepare to file an immigration waiver in case wife needs one?

San Diego, CA |

We're in the consular process step of her immigration petition. Her tourist visa was cancelled more than a year ago because she was living in the US, although she always had her I-94 current. She's in Mexico right now. But although we don't know if she will need a waiver, what can I do now to begin preparing in case she does need one? It's been a nightmare being separated from her and our children. I have two pay double expenses, and my mental health is bad. I'm taking anxiety and depression medication. I've also lost work, because I can't concentrate. Also, I've been wanting to move to another state, but can't, because wife and children are in Tijuana, so being in San Diego is closer to them. Thanks.

Attorney Answers 8


  1. Hire an immigration attorney and soon. Waivers are way to complicated to be handled pro se.

    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.


  2. Preparing a waiver depends on what the waiver is for. It is best to gather documents that show how she supports the family financially and emotionally. You may also need a psychological expert.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.


  3. Hire an experienced immigration attorney.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  4. You should:

    1. Consult with an immigration attorney
    2. Get a psychological evaluation from a licensed Marriage Counselor, Psychologist or Psychiatrist.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  5. I agree with my colleagues that it is best to retain an experienced immigration attorney. An attorney can review the case to determine if your wife will even require a waiver. In the interim, you need to obtain documentation of hardship.

    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.


  6. Save your self further mental anguish and hire an immigration attorney. Let your attorney take care of this for you. The last thing you want to happen is for additional delays in reunification because you did not consult with a professional.


  7. It's not even clear that your wife qualifies for a waiver if she was ordered removed expeditiously because of misuse of visa. This is a very good reason for you to at least have a consultation with the lawyer.

    In terms of just preparing to file a waiver. I would recommend that you bring the lawyer a complete copy of all medical records relating to you and your wife. A lawyer would probably also ask for a letter from a doctor. However, in my experience often times a letter from the doctor is not very helpful without some guidance from an attorney. So, it would be a waste of time to ask for it prior to speaking to a lawyer.


  8. I agree with the others, you need to consult with an immigration attorney to first, make sure your wife is eligible to file a waiver. If she does, extreme hardship waiver cases deal with a variety of factors and issues that if prepared improperly may result in processing delays or even denial.

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