hardship waiver dilema please advise

[Blackrain76]

Hey folks gotta a slight problem here.

Getting ready to re-file hardship waiver for my wife (through london) Was denied the first time in july 2007. for a overstay for 4 years in florida

Because it has been a year since the denial, could i refile the waiver through the consulate, or do i have to go through the whole I130 again ?.

Also, what is the proceedure after the ten year bar is over ?.
(how do we refile)

Laurell is a good lawyer but the charges are a very hefty $10,000 for a waiver that has no guarantee whatsoever.

I guess if i don't find anyone cheaper i will have to have my wife wait for another six years.

This sucks big time.


Please help.

[simply-heartfelt]

Laurell is a good lawyer but the charges are a very hefty $10,000 for a waiver that has no guarantee whatsoever.


I didn't think she charged that much. WOW

[jessfs8]

Have you had a consultation with her already and she told you she would charge you this amount? In her website it looks like is about $7,500 and if you want her to supervise a waiver case with Ana Maria they would split the cost and it's around $5k.

[leoshannon]

If you used Laurel and are going through Ciudad Juarez its 6000 or a little less if you are using maria but if you are going through a consulate other than Ciudad Juarez it depends on the consulate.
Edit:
I am sorry you are going through this. I really don't know the answer to your question but hopefully someone that does will chime in soon. Good Luck!!!

[xclent]

On her website, it says $7500 (excluding all the DHS fees)

If the waiver is denied, will she take it to appeal without any extra charge or there is a seperate fee. Her website doesn't say anything about this.

[MistyB]

I would think you'd have to refile the whole I-130 packet again. Seems like we had to do that because we first filed in 2001 but never actually went through the whole waiver filing until 2005.

As for the waiver fee....I know Laurel is good but that's way too expensive in my opinion for a simple overstay and no major crimes. Your case sounds straightforward.

Why were you denied last year?

[Blackrain76]

My wife was denied because she had overstayed in America for 4 years.
I have two American Born Children and one British born.
Also i have recently become a U.S.C.
I have no known hardships so i don't know what to do..

What do i do if we decide to wait the ban out for the next 6 years. How would we re file afterwards. ?

Thanks for your help.


Rico

[klaudialaw]

If you have an I-130 approved - I am mostly sure that you dont need to file for a new one, because the one you have is good as long as the relationship between you and your wife continues(unless it was approved long time ago). Others will jump and tell you thier opinions as well.

[MistyB]

We did it in country but I know we had to do the affadavit of support again so I am thinking we did the I-130 again as well since it was over a year old. Call your service center and ask them.

[douginguam]

My wife was denied because she had overstayed. I have two American Born Children and one British born.
I have no known hardships so i don't know what to do..

Rico

Rico,
You have hardships - whether they are enough will depend on how you present them and how the adjudicator assesses what you wrote.
Based on Laurel's list of positives and negatives, you have mostly positives (children, simple overstay). It really comes down to examining possible hardships closely and then formalizing them in a compelling way. I think you should try to read some of the case law examples, as well as the many HSL's that are around and focus on family unity. Extreme hardship is most often proven as the accumulation of multiple less extreme hardships.
I think you can make it - and without a lawyer. Just do the leg work on I2US, and it will come together.

:go: good luck :go:

[bubble]

Is there a going base price for a I-601 waiver...

[Country4ever]

If you file it yourself, it's only the 545.00 filing fee. As far as attorney's go, it ranges from 1500.00 to 11,000.00