Urgency: I-601 Denial

[Faith2]

Dear All,

I am writing this e-mail to ask for your suggestions about the denial of my wife's I-601 application. In 1996, she first came to the US with a business visa and then married to a US citizen. Later she filed I-130 and I-485 application with her 1st marriage. However she failed to appear for a scheduled interview in 1997 due to a dissolution of her marriage. Thus, her application was denied. Later, she got help from an immigration agency in DC to obtain her temporary Greencard (which we know now is not legal). In 2007, we learned from the district AO that an immigration officer in DC was sentenced for the illegal assistance of aliens.

My wife and I met in 2001 and then got married in 2002. At this moment, we have two wonderful US-born children. After we got married and then I realized that she has a questionable Greencard stamp from a DC district office. With my insistence, we decided to file a new I-485 application while I was waiting for my Greencard in 2005. In May 2005, I received my greencard and started waiting for her application. In 2006 and 2007, my wife went to the local office for an interview and in late 2007 we were told that she needs to file I-601 Extreme Hardship. We followed the recommendation from the AO and submitted application.

Today, we just received a package of I-485 and I-601 denial. To make the case even worse, my wife is currently out of country with Advanced Parole.
Based on the denial letter of I-601 , the AO apparently did not think we present a compelling evidence to justify the approval of our application by stating that I would not be forced to move to my wife's native country even though I presented the medical condition (Hepatitis-B) and employment/financial hardship.

After reading my lengthy stories, would you kindly give me suggestions for the questions below?

1. Can my wife travel back to US to handle this matter together with her Advanced Parole within 33 days while we are allowed to file an appeal or motion before the decision of I-601 becomes the final one?

2. At this moment, I plan to file I-290B to reopen or reconsider a decision with brief and additional evidence. Could you give me any suggestions to strengthen my filing with more compelling evidences, including psychological test and support for the congress representatives?

Thanks for your time and suggestions in advance.

[klaudialaw]

I dont know how good your first hardship waiver was, however, what I would say is that you have a very strong medical hardship which is hepatitis B. As far as I know, for this illness you have to have medication and frequent medical checkups for viral load etc. I dont know your profession, however, in other parts of the world(your wifes country) you could be denied employment just on the grounds of the medical problem you have. There are plenty of materials that talk about unavailability of drugs in countries other than USA. Most of the drugs used for Hep B are also used for to supress HIV virus.
What I would suggest, is that you post your waiver on this forum and people would surely try to help you so that you can file a motion if that is what you want to do.

Good luck.

[pen1137]

wow...sorry you are going through this.

advanced parole is a tricky business-altho it was granted, it doesn't mean the POE people will allow her back in. they can look her status up and say no or you can get a person in a good mood. not worth it in my opinion.

you can try to reason with USCIS for ineffective counsel (do you have docs from the DC officer?) and resubmit more hardship evidence with your motion.

what part of asia is your wife from? can you post your original letter?

as many people on here have repeated (for others thinking of it), do not leave the country til your green card is in hand!!

best of luck to you!

[klaudialaw]

You also have to emphasize why you want your wife to be here with you.

[pen1137]

klaudialaw-

good point on the medical...i just get soooo mad with the AP, i don't look at everything. :)

[Faith2]

Thanks so much for your suggestions. I would post my waiver here tomorrow. My wife is from China.

[Faith2]

Original Waiver Letter

Name: AO XXX
Address: U.S. Department of Homeland Security
XXX Office, District XX
XXX Street
XXX

Wife's name: yyy
Case number: XXX

RE: I-72 and Letter of Proof of Extreme Hardship of U.S. Lawful Permanent Resident accompanying I-601 Waiver.

Dear Honorable;

I am writing this letter to express the extreme hardship that I, aaa, would suffer if my wife, yyy, was not permitted to come to live with her husband and children in the United States of America. I am a permanent resident of the Untied States of American and a citizen of XXX. My wife is a citizen of China. Due to the differences of political system between XXX and China, it is extremely difficult for my wife to get a citizenship and permanently stay in XXX. If my wife, yyy, cannot be readmitted to the U.S., I would suffer the following extreme hardships:

Health (Medical Hardships):

In July 2002, I was diagnosed with Chronic Hepatitis B while as a faculty member at xxx University. The stage of my hepatitis B was getting even worse while examined by Dr. zzz in December 2004. A liver biopsy test was further conducted at the xxx Community Hospital in February 2005 reveals grade II-III inflammation and stage I-II fibrosis. Since then, I have been taking Epivir 100 milligrams daily to stabilize my liver condition (see the medical treatment record in Exhibit A). The Hepatitis Foundation International (http://www.hepfi.org/living/liv_questions.html) defines

“Hepatitis B is a serious viral disease that attacks the liver. Approximately 2-10% of adults and 25-80% of children under the age of 5 will not be able to clear the virus in six months and are considered to be chronically infected.” (See printout of the definition in Exhibit B)

Because of the nature of this chronic disease, I have to continue my treatment in the U.S. If I have to return to China to be with my wife, then I will experience an extreme hardship in continuing my treatment in the U.S. Moreover, I will not be able to afford the treatment currently receiving in the U.S. if I cannot find a comparable employment opportunity in China. It should be noted that it is extremely difficult to find a job with an annual salary XXX in US dollars for people like me who are over 45 years old. Because of the surplus of labor force in China, most people are forced to retire at the age of 40. A more detailed illustration of financial hardship will be discussed later. Moreover, I have no other close family members in the U.S. to take care of me if my liver function getting worse. My wife, yyy, is the only person who I can count on.

Religious Hardships

I’m an Evangelical Christian and baptized while I was a college student in XXX. I have cherished the opportunities to continue the practice as a Christian in the United States. It would create an extreme hardship for me if I am forced to move to China and continue my Christian belief there. The Communist Party ruling China today is still regarded as a no-god country. It would be extremely hard living with people in China that don’t respect my faith or beliefs. In the United States I am free to choose our own religion and there are plenty of different Churches available to you. According to the report prepared by the International Coalition of Religious Freedom, it states in its 2004 report, “Although the Chinese Constitution guarantees freedom of religion, there is, in fact, very little religious freedom in China today.” (see printout in Exhibit C). I will be taking an unforeseeable risk if I need to leave this country to join my wife in China due to the lack of democracy of free speech and religious practices there.

Standard of Livings and Financial Hardships

If I were to relocate to China to be with my wife, it would be difficult for me to find a suitable job in China. Most people in China retired at about 40 years old. I am 46 years-old now. There are very few companies would hire me as an employee in China even I am well-educated due to my age and citizenship of XXX. As a result, I will only suffer an extreme financial hardship to enjoy a quality living like what I have now in XXX. For example, if I move to China, I will most likely stay in XXX, China, a city next to XXX. It will cost me a fortune to buy xxx square feet singled-family house there (e.g., more then one million US dollars). In contrast, I only paid less than XXX for my current residence in xxx.
With a risk of getting unemployed in China, it is virtually impossible that I can continue to live in a comfortable and secured place to raise my young family in China. Also, the latest housing market downturn makes almost virtually impossible for me to sell my house in xxx. The property value in xxx area has one of the biggest drops from 2006-2007 in 8.4% (see Exhibit D for a printout of xxx newspaper, xxx Section, p. xxx, date xxx).

Particularly in my neighboring area (ZIP Code xxx), the property value has dropped approximately 11.7% during one-year period, while my home has even higher drop at a 13.4% (see Exhibit E for a printout from Zillow.com). As a consequence, we will suffer a significant financial loss if I have to sell my house now, leave this country, and then stay with my wife in China. By having my wife staying with me in xxx, I will enjoy a great comfort and stability financially while concentrating my energy in my work to help my students in xxx areas.


Termination of Professional Practice in Contributing to the US Education:

I received a Ph.D. in xxx from University xxx in xxx. One of the reasons I came to the U.S. is to pursue my dream to get myself better educated and play an active role in educating our next generations at all levels. My endeavor prompts me to stay in the U.S. and work as an educator at the university level. I have published major publications and proposed major multi-million dollars education initiatives to the U.S. XXX and xxx (Federal Agencies) in collaboration with my colleagues (See sample of publications in Exhibit F). If I have to leave the U.S. and join my wife in China, I will lose my opportunity to play a significant role in contributing my passion and talent to our society. As evidenced by the Program for International Student Assessment (PISA) publication (see Exhibit G from the e-newsletter of the XXX on date xxx), U.S. 15-years-olds score lower on average then international peers in science. Fifty-seven educational systems participated in PISA. American students scored an average of 489 points, lower than the Organization for Economic Cooperation and Development (OCED) average of 500 points.

I believe that I could contribute my professional experiences and skills in improving U.S. students’ achievement in Math and Science. In contrast, my skills and experience would not be valued as much as I move to China since I have very limited knowledge about the educational system there. I was educated in Taiwan, an educational system which is more comparable to the system in the U.S. In xxx area, I have been actively involved in helping schools to adapt nationally-acclaimed science curriculum funded by the XXX (Federal Agency) in xxx School District (see Exhibit H in xxx, month, year). As a US permanent resident, my heart and passion are with the teachers and students who I have an opportunity to work with. I believe we can raise our educational achievement in math and science and be the one of the leading nations in the world.

I cherish the academic freedom in the U.S. as a college professor. I might risk my life if I move to China and voice my opinions contrarily from the views of government officials. In the U.S., we all enjoy the freedom of speech Amendment, which it is totally not allowed in China. I have spent more than xxx years in the U.S. as a doctoral student and university faculty in the college, I am proud of claiming myself as an American. It would cause numerous hardships for me to permanently stay in a country that I have very limited experience, except for family visit, and continue my professional practices there (i.e, China).


I love the United States of America (USA) and plan to apply to be a U.S. citizen in May of 2009 while I fulfill the requirement of full-time residency. I respectfully ask you to consider the merit of my application based on the above hardship I will experience if my family cannot be united together in the United States of American, a country of opportunity.

Sincerely,

XXX, Ph.D.
Street
City, State ZIP
Phone XXX





List of Exhibits
Exhibit A: Medical Record of aaa
Exhibit B: Definition of Hepatitis B from Hepatitis Foundation International
Exhibit C: Religion Practices in China (http://www.religiousfreedom.com/wrpt/Chinarpt.htm)
Exhibit D: A printout of newspaper xxx, xxx Section, p. xxx, month xxx, year
Exhibit E: A printout from Zillow.com about the estimated property value of my house, xxx (address)
Exhibit F: Sample of Publications by Dr. xxx
Exhibit G: A summary of the Program for International Student Association (PISA) study from the e-newsletter of xxx
Exhibit H: A printout of newspaper xxx, Page xxx, date xxx

[Lulu]

1. Can my wife travel back to US to handle this matter together with her Advanced Parole within 33 days while we are allowed to file an appeal or motion before the decision of I-601 becomes the final one?

2. At this moment, I plan to file I-290B to reopen or reconsider a decision with brief and additional evidence. Could you give me any suggestions to strengthen my filing with more compelling evidences, including psychological test and support for the congress representatives?

To answer your first question, I am sorry, but I do not believe your wife can come back to the US right now. AP is granted while you are waiting for your green card, and it is granted under the assumption that residency will be granted. Now that it is denied, they will not likely re-admit her.

However, I don't know whether maybe filing an appeal will suspend that status, at least enough for her to try and re-enter. And, I suppose, it may not hurt the case any if she did try to come back. At worst, they may turn her around, but it shouldn't count against her, I don't think. You may want to consult an attorney on the best way to proceed.

Either way, since the case was started in the US, you will file the appeal in the US too. I believe the reason they want the I-601 is to waive the fraudulent green card, and she was not considered unlawfully present, is that correct? If the appeal is granted, they will send her a green card in the mail, which you can forward to her in China. Therefore, for now, I am going to move this thread to the section for in-country waiver filers.

This is an unusual situation, and you may want to consult an attorney about whether or not your wife should try to re-enter the US at this time.

[Faith2]

LuLu,

Thanks so much for your reply to my questions. My wife will try to come back tomorrow (Saturday, July 5th). Hopefully, she will be granted for re-entry in light of the database might be updated due to Holiday since we just received the letter on Wednesday, July 2nd.

Would you recommend me to get the attorney to help me file the I-290B appeal or motion to reopen or reconsider. It looks like that I have NOT done enough for her while we were preparing our I-601 Waiver Letter.

It is extremely inspired to learn your journey to re-unite with your hubby. Thanks again for your suggestions.

Sincerely,

[discoviking]

........., I am proud of claiming myself as an American.
Since you are not yet a citizen, I would take this sentence out if I were you. It can come back to bite you later.

I also think you need to contact a qualified immigration lawyer sooner rather than later. See the listing of recommended lawyers on this site.

Good luck with your case!

[emt103c]

Do think about a re-file as opposed to an appeal. It does not look like you will have "new" evidence, just that you need to do a better job of presenting your hardships, as there are many you did not mention in the letter. Am I correct to assume you are not a citizen of China? And the medical issue can be presented MUCH more thoroughly.

Please do take a look at our recommended attorneys and the SAMPLE letters. Did you present evidence in addition to the letter?

[Faith2]

To emt103c

Thanks very much for your suggestions. I believe I could have done a better job to present my case. I do have an appointment next Monday with an attorney. YES, I am not a citizen of China. Also, can you tell me where to find a recommended list of attorneys? I have the information of Laurel Scott. I have heard of the re-file of I-601 in CDJ, Mexico. It is a pilot program. I need to find more information about that.

[Pinkpig]

To emt103c

Thanks very much for your suggestions. I believe I could have done a better job to present my case. I do have an appointment next Monday with an attorney. YES, I am not a citizen of China. Also, can you tell me where to find a recommended list of attorneys? I have the information of Laurel Scott. I have heard of the re-file of I-601 in CDJ, Mexico. It is a pilot program. I need to find more information about that.

Refiling a waiver does not have anything to do with the pilot program in CDJ.

Refiling is available at all consulates. It is generally a much faster process.

You will need to contact your consulate and ask for a new visa interview.


List of lawyers recommended by I2US members here:

http://immigrate2us.net/forum/showthread.php?t=889

[klaudialaw]

Did your wife make it to the states?

[emt103c]

Faith,

One of the reasons I mention not being a citizen of China is because there are more hardships to achieving immigrations there as well as language barrier and problems with employeability to write about as well.

Pinkpig is right that you can refile at ANY office/consulate. In this case that is definitely something you would want to discuss with Laurel (or other attorney.)

[Faith2]

Question: Did your wife make it to the states?

Answer: YES, my wife just got back to the U.S. yesterday. We are very fortunate. At least, now we can file an appeal or motion to reconsider (MTR) together.

[Pinkpig]

Question: Did your wife make it to the states?

Answer: YES, my wife just got back to the U.S. yesterday. We are very fortunate. At least, now we can file an appeal or motion to reconsider (MTR) together.


WOW! I think you are extremely fortunate that your wife was allowed back into the US. I don't think I would have tried that one. Good luck to you with your refiling.