What are the chances for this situation?

[TenaxtC]

I have posted here before, but not in this thread. I am a USA citizen and met an illegal Brazilian woman a couple years ago. She has a child in Brasil (not mine) and she would like to bring her daughter here and of course, along her to go to and from Brasil and the USA. She was never legal, so this is a very tough case and a well written HSL will need to be drafted. We would like to get married, which I know does not help the situation at all, but has anyone had success or advice on how to proceed? She will have to go back to Brasil during this process, which she knows. What is the best course of action. Would she need to generate the HSL noting why her and her daughter living would not provide the quality of life she would want for her and being away from her husband in the states would create an extreme hardship for her and her daughter. Living here would provide the stable family enviroment, better schooling and education ops and I could provide health insurance, which she does not have, etc.

Just doing some due diligence and any help would be appreciated. I know from other threads this is a shot in the dark and a very difficult process, but there have been success stories, so I would like to here something positive.

[KE06]

Just wanted to say "welcome" and while I don't know anything about processing in Brazil, there are some members who have or are in the process of going through BRazil, so they will be able to give you some advice. Hang in there. Good luck

[losguerra]

I think someone else has suggested consulting with Laurel Scott (http://www.google.com/url?sa=t&ct=res&cd=1&url=http%3A%2F%2Fwww.visacentral.net%2F&ei=jfiQSNjwMoy8hAK0jdjMBw&usg=AFQjCNEt6Tom6gbWUp1Qa1VsVDKqPa68tg&sig2=C3FCSZFh7vvmMWs2rno42A). An email consultation is only $125, and a phone one is $150. It is some of the best money you will ever spend. I speak from experience! :) She will be honest about your chances. Also, Heather Poole (http://www.google.com/url?sa=t&ct=res&cd=1&url=http%3A%2F%2Fwww.humanrightsattorney.com%2F&ei=q_iQSJK9GpzGggLshO3KBw&usg=AFQjCNHj17bMXoXmgLjs7zEY-lBoroINHw&sig2=l5MM0PqI-jNHSKTkEOgE9w) comes highly recommended and has experience with Brazil.

By the way, the waiver is based on hardship to the US Citizen. It is to prove why YOU need her here in the US and why it would cause you extreme hardship if she weren't allowed back into the US.

There is plenty of chance for success, especially with a great lawyer by your side, but be careful, because there are an abundance of well-meaning "immigration lawyers" who just don't understand the process. Go with somebody recommended.

[emt103c]

I have posted here before, but not in this thread. I am a USA citizen and met an illegal Brazilian woman a couple years ago. She has a child in Brasil (not mine) and she would like to bring her daughter here and of course, along her to go to and from Brasil and the USA. She was never legal, so this is a very tough case and a well written HSL will need to be drafted. We would like to get married, which I know does not help the situation at all, but has anyone had success or advice on how to proceed? She will have to go back to Brasil during this process, which she knows. What is the best course of action. Would she need to generate the HSL noting why her and her daughter living would not provide the quality of life she would want for her and being away from her husband in the states would create an extreme hardship for her and her daughter. Living here would provide the stable family enviroment, better schooling and education ops and I could provide health insurance, which she does not have, etc.

Just doing some due diligence and any help would be appreciated. I know from other threads this is a shot in the dark and a very difficult process, but there have been success stories, so I would like to here something positive.


The hardship letter must be written from the USC spouse's point of view. What hardship to the alien spouse does not matter. You must prove that living without her--or moving with her to Brazil--would cause YOU extreme hardship. Keep reading the "stickies" on the waiver package to get more information.

The whole package must have proof about YOU not her.

As for getting married, congratulations! Become very familiar with the stickies and make sure to consult one of the recommended attorneys before she leaves the country. . .you want to make CERTAIN she is eligible.

[Pinkpig]

I have posted here before, but not in this thread. I am a USA citizen and met an illegal Brazilian woman a couple years ago. She has a child in Brasil (not mine) and she would like to bring her daughter here and of course, along her to go to and from Brasil and the USA. She was never legal, so this is a very tough case and a well written HSL will need to be drafted. We would like to get married, which I know does not help the situation at all, but has anyone had success or advice on how to proceed? She will have to go back to Brasil during this process, which she knows. What is the best course of action. Would she need to generate the HSL noting why her and her daughter living would not provide the quality of life she would want for her and being away from her husband in the states would create an extreme hardship for her and her daughter. Living here would provide the stable family enviroment, better schooling and education ops and I could provide health insurance, which she does not have, etc.

Just doing some due diligence and any help would be appreciated. I know from other threads this is a shot in the dark and a very difficult process, but there have been success stories, so I would like to here something positive.

Welcome, our DIL is from Brazil. She and our son were married in Brazil.

How did "the illegal Brazilian" enter the US?

Is she still here?

The Hardships used in the waiver package are to the USC. You would need to document why you cannot live in the US without your "illegal Brazilian" and also why you can not live in Brazil with her.

If you don't have an glitches in your process, you can probably do the entire process from start to finish in about 18 months, with about 1/2 of that time spent in Brazil.

Even though fiances are considered the same as spouses for waiver adjudication, our lawyer recommended that our son and DIL get married before they started the petition process.

Our lawyer's link is in my signature. She is the reason that our waiver was approved. I recommend only Heather Poole and Laurel Scott as legal council for the waiver process.

Many people do it themselves. It is a ton of work and a lot of dedication on someone's part. Think of writing a thesis with your future on the line.

Good Luck, you will find tons of information here.



Has she had any run ins with the police either here or in Brazil?

[Shrek]

As has already been suggested, the first thing you need to do is consult with a lawyer who has experience filing thru Lima, Peru. Laurel Scott and Heather Poole are both highly recommended. I have dealt with Laurel and she is the real deal. Both will give you an honest assessment of your case. It is not worth it to use somone else. Laurel is the Queen of waivers. :cheerful: It may not be a shot in the dark at all, you may have a very good chance of getting what you want. The circumstances of her illegal entry will be important. How did she get here, thru Mexico or with false documents? If there was no misrepresentation, ie false documents, the wavier will be more easily approved.

It will be much easier for you to get married in the US than it will be in Brazil. Getting married in Brazil is more complicted than it is here and takes a good bit longer to meet the requirments for a foreigner to marry a Brasilian citizen. In most cases here in the US, you can get a marriage license in 3 days. Your bride to be will need some kind of ID, perhaps she has a passport even though she entered illegally.

And don't let her leave until you know what is going on. Best of luck to you.

[TenaxtC]

From what she told me she entered completely illegal through Mexico with no paperwork. She paid a high amount of money to be brought through. Yes, she is still here in the USA. In theory, I do not have a medical reason why I would need to stay here, or any really compelling arguments like I have seen in some HSL's. Moving to Brasil is not a permanent option, since I cannot gain a good job to support us and her daughter. I think I will set up a consultation with one of the lawyers mentioned in this thread and I am sure they will let us know what the chances are for success. She has never been in trouble here, so that should help, but we will see.

[emt103c]

Brainstorm the reasons you cannot move. Take a look at some of the 601 stickies and sample letters. . .Language barrier, effect on your child, etc, can be presented as really good arguments.

[Shrek]

From what she told me she entered completely illegal through Mexico with no paperwork. She paid a high amount of money to be brought through. Yes, she is still here in the USA. In theory, I do not have a medical reason why I would need to stay here, or any really compelling arguments like I have seen in some HSL's. Moving to Brasil is not a permanent option, since I cannot gain a good job to support us and her daughter. I think I will set up a consultation with one of the lawyers mentioned in this thread and I am sure they will let us know what the chances are for success. She has never been in trouble here, so that should help, but we will see.

I think it will be good for you to do a consult with one of these lawyers. You will maximize your chances for sucess. Good luck to you and keep us posted.

[TenaxtC]

Thanks again for all your suggestions. She is planning to move back to Brasil in a couple months, so most of you agree that we should get married before she leaves and start the paperwork?

[Salsa2]

Don't let her leave now unless she is OK with remaining there until you complete the process. It could take a couple of years!