Getting Started

[GuyinHouston]

Background: EWI 1990, Age 2, along with my brother who was a couple of months old. Dad became PR and submitted I-130 for brother, mother and me with priority date of March 2003. I130 approved and waiting on visa number to become available. Dad has citizenship interview scheduled for beginning of June 08.

From what the information I have collected on this page our biggest hurdle will be gathering adequate information for the I-601 Waiver, and providing a strong hardship letter.

There are a few questions that come to mind with the HSL, would there have to be three different one's made for my brother, mother, and me? (We applied for I130s at the same time)

Who actually writes the HSL? Me or my father?

I am currently working, have been for the past year to pay for my college tution since I have not received financial aide, should I quit that job immediately?

A last question has to do with the age of me and my brother, I am about to turn 21 in Dec and my brother just turned 18 in March. I am wondering if my brother will be able to become a citizen when my father naturalizes, pending the approval of his i601? I have also heard that it is recommend that he leave the U.S. prior to 180 days after his birthday? And with me turning 21 I believe I'm protected under the CSPA, from aging out since we waited almost 4 years for the I130 to be approved, this only applies if my father IF my father is not able to pass this citizenship test before Dec.


Sorry if this is too much info to digest all at once, and would be happy with the response whichever question is easiest to reply to.

Thank you for your words in advance, and I really appreciate everyone who has posted their experiences on here, I've been dreading heading to CDJ, mostly from what I have seen through the media, i.e. crime. And reading experiences has eased my nerves, somewhat lol.

[Laura]

Hi there,

I can't answer your questions about aging out. I really have no idea, but assuming you are able to interview and submit waivers, you'll each need a separate packet.

Actually, since your brother isn't 18 yet, he should really leave the U.S. within 6 mo of turning 18, so he doesn't require a waiver at all, assuming that he can't become a citizen when your father naturalizes (again, don't know anything about the possibility of that).

But if he has to go through the Ciudad Juarez route, it would be ten times better for him to leave before he gets a bar, and not have to worry about the waiver.

The waivers have to be written/compiled from the perspective of your dad. They have to show that he will suffer extreme hardship were you, your brother (if he stays and accumulates enough unlawful presence to require one) and your mom are barred from the U.S. for ten years.

There are TONS of examples on this forum for spouse waivers, and there have been a few parent child people that have been on this site, but I don't know that there are examples of any of their letters here.

You can put together the packet, but keep in mind that your hardships don't matter. At the same time, your dad can argue, for example, that it will be devastating to him to see you waste your education, etc.

As far as the illegal work, I don't know if that matters. I know for sure it's not at all an issue for spouses because illegal work is forgiven by marriage to a USC. It's probably the same for a child but I'm not sure.

Best of luck and keep asking questions!