Hello my name is gabriela sierra and i applied for a fiance visa. My fiance is in mexico and we went to out appts in CDJ and were referred to anaheim. I just received notice from anaheim that i was denied due to lack of extreme hardship. I dont know what else to do, but the letter states that i can appeal this decision within the next 30 days. I dont have any kids with him, nor do i have any major issues to state that i suffer extreme hardship rather than i miss him and i want to marry him. I know those last two i just mentioned dont count as
extreme hardships, but i dont know what else to add. We also filed a 212 waiver because he was deported back in 2005 because he was told he could fix through a certain law, but obviously that wasnt the case.
please help i dont want to run out of time and i need help. I have also attached pictures of the denial letter. I would like to schedule another waiver appt, since i heard appealing this decision takes to long and they get denied again.Now that weve been denied ive been thinking about seeing a psychologist because i have been severely depressed at the thought of not getting approved. I am a US citizen and i would like to stay in my home country.
If your fiance was previously deported, you may have no way around the requirement of extreme hardship in order to obtain a waiver. I suggest you invest in a consultation with an experienced immigration attorney to determine if you have any alternatives.
I agree with my colleague.
An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended to be legal advice and must not be relied upon as legal advice.
First, it sounds like you did not do your homework when you started this case. With that being said, you live in an area where there are many competent immigration lawyers who can review the situation. It may be possible to submit a new waiver. An appeal is worthless unless the consulate made an error of law. Go and see a lawyer now to see if there is a decent chance of success.
There are many ways to prove extreme hardship and children are not a requirement. I have had many clients approved for i-601 waivers who do not have children or any major medical or psychological problems. The trick lies in having an attorney who understands both your individual case very closely as well as the process of i-601 adjudications. I do not recommend appealing the decision as it can be better sometimes to simply re-file.
Free Phone Consultations Available
PS - I have a blog post on some common reasons for i-601 denial. You can check out all the i-601 material here: www.swagatusa.com/educational-materials.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline