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Would it be worth it to file for a I-601a waiver again?

Palmdale, CA |

I made a petition for my husband,he has been here since he was 11 years old,we have all the paperwork done just waiting for the interview, he applied for the I-601a and unfortunately it was denied for not enough proof of evidence on extreme hardship, We sent as much documents as we had since he is the only one that works ,I also sent some surgery papers I had when I had surgery, violence in his hometown and letters from our relatives that expressed how it would affect me and our son emotionally if it wasn't granted,I don't know what alse we could of sent, my question is there anything alse we can do to assure he doesn't stay out of the country for years or should we just chance it and see what they say at the interview, he has a clean record,and was not cought when passed without inspection

Attorney Answers 5


  1. For starters, a professional psychological evaluation could have been sent.

    The Court of Appeals for the Seventh Circuit recently stated: "The Immigration and Nationality Act is a bit of a beast. It is not known for being warm or cuddly; words like "intricate" and "Byzantine" come more readily to mind. Nor is it known for being easy to understand; we have often re-marked on its fiendish complexity."

    You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

    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.


  2. It is worth hiring an experienced attorney to help. There is a definition of extreme hardship at 8 CFR section 1240.58. Just type that into a Google search and the section of the regulations will come up. That list is not all inclusive but sets forth 14 criteria that should be looked at when determining extreme hardship. It is a good guide to use.

    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.


  3. We always send our clients to a clinical psychologist to evaluate and report the extreme hardship on the US citizen. Also, an analysis of the hardship if you, the USC, where to move to Mexico should have been included.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  4. Yes, it is worth it to refile it; but keep in mind that waivers are not easy to do on your own. It requires time to prepare it, as much as preparing your HS 10 page research paper. I agree with my colleagues that you should submit a psychologist report to evidence emotional hardship. Keep in mind that you still need financial hardship. They are a lot of work; but in the end worth it. I strongly suggest you hire an immigration attorney that can do the waiver for you.

    Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney. If further assistance is needed please feel free to contact me and retain my services.


  5. Yes, you could refile but hiring an immigration attorney would be a good idea. This is a very comprehensive application and presenting it in the most complete and organized manner is ideal. As my colleagues have pointed out, a psychological evaluation would bolster the application and additional evidence should be included as well. Good luck!

    The Law Office of Elliot M.S. Yi, 2075 SW First Avenue, Ste 2J, Portland, Oregon, 97201 www.emsylaw.com; elliot@emsylaw.com; 503-951-8209. This answer is intended for general informational purposes only and does not create an attorney-client relationship. The statement above does not constitute legal advice, as all the facts are not known.

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