Please help! Need to go through consular processing after living in the US for 29 yrs

[suite_pee39]

Hello,

I came to the US when I was 18 months old without inspection with my parents through Blaine, WA. I have never gone back to my home country of India nor have I ever left the United States. I do not have a legal entry into the United States so because of this, I am not eligible for advanced parole (my recent application was denied). Our lawyer suggested that I do the provisional waiver and go through consular processing in India.

My husband is a US Citizen and we have been married since March of 2015. Our I-130 has been approved since June of 2016. We are trying to adjust my status to a lawful US permanent resident through consular processing in India.

My question is, we do not have any children, I recently quit my job as a dental hygienist due to corporation issues, and my husband is not working at the moment but owns his own truck business. I am trying to put evidence together for the provisional waiver and cannot think of anything from my husband except the fact that his health is getting worse (constant GI issues and he has a hurt ankle, back, and shoulders) as well as the fact that I have given him my entire salary for the past 6 months to pay off his truck bills.

Has anyone been in a similar situation? What did you write for evidence showing your qualifying relative would suffer extreme hardship if you were to be sent back to your home country? I really need my provisional waiver to be approved. I have a lawyer too who will be helping me with this process. Thank you in advance! My family and I have been fighting for 29 years and are still stuck in the same situation we were in when we first entered the United States

[rayb]

If you can complete a compelling I-601A waiver request, you stand a good chance of eventual visa approval after getting through the NVC acceptance of your I-601A approval.

If you have paid an attorney to help you, he needs to do better than telling you that you need a humanitarian waiver justification. Ask him to draft a starting explanation for you as part of his paid representation.

--Ray B

Hello,

I came to the US when I was 18 months old without inspection with my parents through Blaine, WA. I have never gone back to my home country of India nor have I ever left the United States. I do not have a legal entry into the United States so because of this, I am not eligible for advanced parole (my recent application was denied). Our lawyer suggested that I do the provisional waiver and go through consular processing in India.

My husband is a US Citizen and we have been married since March of 2015. Our I-130 has been approved since June of 2016. We are trying to adjust my status to a lawful US permanent resident through consular processing in India.

My question is, we do not have any children, I recently quit my job as a dental hygienist due to corporation issues, and my husband is not working at the moment but owns his own truck business. I am trying to put evidence together for the provisional waiver and cannot think of anything from my husband except the fact that his health is getting worse (constant GI issues and he has a hurt ankle, back, and shoulders) as well as the fact that I have given him my entire salary for the past 6 months to pay off his truck bills.

Has anyone been in a similar situation? What did you write for evidence showing your qualifying relative would suffer extreme hardship if you were to be sent back to your home country? I really need my provisional waiver to be approved. I have a lawyer too who will be helping me with this process. Thank you in advance! My family and I have been fighting for 29 years and are still stuck in the same situation we were in when we first entered the United States

[suite_pee39]

If you can complete a compelling I-601A waiver request, you stand a good chance of eventual visa approval after getting through the NVC acceptance of your I-601A approval.

If you have paid an attorney to help you, he needs to do better than telling you that you need a humanitarian waiver justification. Ask him to draft a starting explanation for you as part of his paid representation.

--Ray B

Is the humanitarian waiver justification what I mentioned on the basis of health, financial, or mental concerns? Or is it something else? And the explanation, would that entail my 29 years here (all my life) and how hard it would be to leave everything I know and return back to a country I do not know anything about?

[rayb]

"Yes" on both counts, in my opinion.

You will still have to go back for the Consulate interview, after your I-601A is approved..

--Ray B

Is the humanitarian waiver justification what I mentioned on the basis of health, financial, or mental concerns? Or is it something else? And the explanation, would that entail my 29 years here (all my life) and how hard it would be to leave everything I know and return back to a country I do not know anything about?

[suite_pee39]

"Yes" on both counts, in my opinion.

You will still have to go back for the Consulate interview, after your I-601A is approved..

--Ray B

Oh ok, thank you. I have been reading approved I-601a waivers online but I am feeling so overwhelmed. I have a meeting with my lawyer in a week and I'm hoping to have some clarity. They had me pay $6000 for the advanced parole process to go through Canada but I have DACA and it wasn't approved on that basis. I feel like they conned me into paying them for an application they knew wasn't going to be approved.

[rayb]

That's a lot of money to pay for a procedure that was questionable from the start.

--Ray B

Oh ok, thank you. I have been reading approved I-601a waivers online but I am feeling so overwhelmed. I have a meeting with my lawyer in a week and I'm hoping to have some clarity. They had me pay $6000 for the advanced parole process to go through Canada but I have DACA and it wasn't approved on that basis. I feel like they conned me into paying them for an application they knew wasn't going to be approved.

[newacct]

Oh ok, thank you. I have been reading approved I-601a waivers online but I am feeling so overwhelmed. I have a meeting with my lawyer in a week and I'm hoping to have some clarity. They had me pay $6000 for the advanced parole process to go through Canada but I have DACA and it wasn't approved on that basis. I feel like they conned me into paying them for an application they knew wasn't going to be approved.

Getting AP through DACA in order to get a legal entry was a very good strategy. But the filing fee for the form is only $575; I don't know if it was reasonable to pay $6000 for the lawyer to do it.

Unfortunately, the government stopped issuing APs for DACA on September 5 and administratively closed pending applications and will refund the fees of pending applications. If your lawyer had you apply for the AP before September 5 and it was pending on September 5 and therefore closed, it wasn't the lawyer's fault because they didn't know the government would stop APs for DACA. If your lawyer had you apply for it after September 5 then that's ridiculous and you should ask for your money back. If your AP was denied before September 5 because they didn't think your reason for needing it was good enough, well, it was still a good thing to try even though it didn't work.