odds of approval

[wannamarry412]

Hmmm what do ya think the odds of approval are in Guatemala for fiance who needs I601 and I212?? Dont think I have the "strongest" of hardships...I mean doesnt it also kinda depend on who reviews it.?? I mean I read somewhere else where it seems they put you through this crap maybe deny you and you re-submit another letter only to approve you in the long run...

kinda like when you go to traffic court if you go on a monday your screwed b/c chances are the judge has a hangover and is nasty..but if you go on a friday your golden b/c he is in a hurry to hit the bar!!! funny sad but true...

One could only hope for that at least.. I know in Guate the embassy closes early on Friday..

Sorry just ranting...

[kitkat1]

It's not up to the adjudicator. They are required to follow the law. The law requires you to prove extreme hardship to you, with evidence, if his waivers are denied and you are forced to relocate permanently to his country. Some consulates are more lenient than others, but ultimately it comes down to how well your prove your case.

[blueblue]

It's not up to the adjudicator? The waiver is determined at the discretion of the adjudicator. Yes, they have some guidelines they are supposed to follow, but telling this person that it is black and white is setting the wrong expectation. And even with those guidelines, there is no one sitting over them to make sure they are followed. The best they can do is 1) provide every possible proof they can and 2) hope they find a fair adjudicator. They need to have both to get an approval.

[kitkat1]

It's not randomly up to the adjudicator. They are required to follow the law and each decision is reviewed by the Director - there is a person sitting over them making sure the guidelines are followed - adjudicators don't have the final say. Either way, it's up to the applicant to provide everything required.

[Dana]

And if don't depends of the adjudicator, why are some waiver approved with low arguments and waiver deny with strongs arguments?

[kitkat1]

Every consulate operates differently because the law is a general guide without absolutes. Some consulates are known for being more lenient while others are more difficult. And again, the applicant is required to provide strong enough evidence and a convincing argument about why the issue constitutes extreme hardship and how the evidence proves this.

For example, if I want to argue that my medical condition constitutes extreme hardship, it's not enough to simply say that and provide medical records. I need to explain why the condition requires me to stay in the US for medical care, prove the different levels of medical care in the US vs. the other country, prove that the standards of medical care are different in the other country, prove that I would not be able to afford medical care or even communicate with the doctors, prove that without the right kind of medical care I could die, etc.

[Dana]

Like I said in another thread, our spuses USC have to die, to have cancer or another aggravate illness, for have an approved waiver.

[kitkat1]

Dana sorry that you feel that way. That's definitely not the case at most consulates.

[sweetlove1236]

dana
if you take a look at some of the approved hsl's there are many that were approved without any drastic extreme hardships like the usc dying or having cancer etc. It can be done, think positively and pray to the lord above for guidance.

[cindy101]

Dana,

Have a little faith. I don't think you have to be on your death-bed to get your waiver approved and get your spouse back... "They" just want you to prove that you really need the assistance of your spouse to overcome the visa ineligibility caused by your spouse breaking the law.

They could just say to heck w/ us all since our spouses did break the law... Especially w/ the nasty anti-immigration sentiments of late, I feel lucky to even have this avenue to try and get my hubby back.

[kitkat1]

Dana,

Have a little faith. I don't think you have to be on your death-bed to get your waiver approved and get your spouse back... "They" just want you to prove that you really need the assistance of your spouse to overcome the visa ineligibility caused by your spouse breaking the law.

They could just say to heck w/ us all since our spouses did break the law... Especially w/ the nasty anti-immigration sentiments of late, I feel lucky to even have this avenue to try and get my hubby back.

Absolutely. And the burden is on the qualifying relative - it doesn't have to be that you need their assistance. My letter was 100% about why it would cause me extreme hardship if his waiver was denied and I was forced to relocate permanently to his country. I'm not on my deathbed - I just proved beyond a doubt that my life would dramatically change now and in the future for the worse.

It's not really that hard to prove what would happen if you didn't have a job or even the option to continue working in your field, medical coverage and access to US levels of medical care especially for any existing or hereditary diseases, financial security including savings, social security, IRAs, etc., your home, your credit or what would happen to you personally if you had to spend the rest of your life living in a country where not only you don't speak the language but where you have no social network and no chance for professional or educational advancement.

[lyro07]

Hi, I think Kit Kat has given you a great advice. My husband and I were so uneducated about waiver, and we thought we had to have a major disease, etc to have a waiver approved. My husband (The USC) had a couple of consultation with a couple of lawyers, but didn't give enough info for my waiver. One even thought that I-601 was for criminal history and I only overstayed my visa. I'm eligible for I-601 as for the embassy and how could I don't really need the i-601. But again, thanks to this site and helped from members, we're able to write our own HSL. We almost done with it, and I like my HSL (of course, it's about my husband, the USC). We had to "dig", though. Afterall, I have a HSL. Good Luck, it's possible to write one. You just have to read and read the waiver forums and all the example of approved HSL.

[Dana]

Ok, if so, why Manda's letter was denied? Just a question.

[Laura]

Manda's denial is terrible and difficult to explain, but one good denied letter does not mean that everyone filing a waiver needs to be on their deathbed to get approved. Where there is one unfortunate, difficult-to-explain denial, there are also dozens, hundreds even of approved I-601s.

[kitkat1]

Manda's denial is terrible and difficult to explain, but one good denied letter does not mean that everyone filing a waiver needs to be on their deathbed to get approved. Where there is one unfortunate, difficult-to-explain denial, there are also dozens, hundreds even of approved I-601s.

Exactly. I haven't seen Manda's letter or evidence and don't know what consulate she was dealing with. But clearly not everyone gets approved. If that was the case, there would be no need for a waiver!

The law requires a strong hardship letter and evidence. I can only guess that Manda's didn't meet the criteria.

[Dana]

This is Manda's letter.
http://immigrate2us.net/forum/showthread.php?t=2573

[egonzalez1975]

I agree mostly with what everyone is saying. But, the sad truth is that the adjudicators are human. Even their "bosses" are human. And, people miss things all the time. Right on down the line. I too have seen some waivers that were approved and my jaw dropped because it is clearly not a waiver that under their "guidelines" should be approvable based on the needed evidence and extreme hardship. And, there have been others waivers that were put together nicely and denied.

I do think that for the most part they try to do what is lawful when adjudicating but the reality is that I am sure they each have days when a bad call is made and it affects the lives of the family for whom that waiver was for. There is no way that you can think that they don't EVER bring personal feelings or emotions into the adjudication. These are not computers deciding your fate. They are people just like us.

It would be impossible to think that they get it right 100% of the time. I do think that they try for the most part. But, like any and everything there are going to be those cracks that some people fall into. It sucks but that is unfortunately the way it works with most everything.

[kitkat1]

This is Manda's letter.
http://immigrate2us.net/forum/showthread.php?t=2573

I did a quick review of the letter -- it is very very heavy on legal jargon and once you wade through all of that (which is very unnecessary), it appears the only hardships presented were family considerations and financial. Although I only glanced at it, I don't think it proved extreme hardship to the USC. I would have approached it from a much different point of view -- every single thing in the life of the the USC that would change forever as a result of her husband's visa being denied and her need to permanently relocate to his country. The letter didn't even talk about conditions and quality of life there!

Starting with: health and medical - even if she doesn't have any existing conditions, there are bound to be valid reasons that she needs access to US standards of medical care, testing and doctors who she can communicate well, as does her child. Here she could have presented the impact of not having health insurance as well and used her personal experience while pregnant as examples and evidence of the hardship she has already experienced.

Employment and future opportunities - while this was addressed and was a good start, there is MUCH more to be said here and much more to be proven. It can tie to lack of future employment and quality of life as well as employment benefits and financial. But it was presented as financial and that is not a strong enough hardship.

Overall it looks like the letter was written by a subpar attorney who used definitions and legal precendents in the brief. And those don't prove hardsip. She should have written the letter herself, and presented each point and each fact/piece of evidence backing it up.

Bottom line, the USC does not have to be on their deathbed - they simply must follow the requirements of the law by proving extreme hardship. Honestly, I feel bad for Manda but I'm not at all suprised that it was denied.

[Laura]

...

[Dana]

KitKat, the waiver package was made by Laurel Scott.
I don't want to say that you have not right, just that I'm scared.
If I will send you my hardhip letter, would you please when you have time, take a look if it's good or not. Pleaseeee

[cindy101]

Dana...

You may also want to post to the forum and take out ((ALL)) of your personal information. That way you can get a full peer review- we're here to help.

I also added documents later in the game as my case had changes. My son was placed on an IEP in June of last year, with special ed. needs (something I could not get for him in a 3rd world country). and I've been hiking down to KY quite a bit to help my sister- her Endocrinologist wrote a letter stating that she has and will continue to need my help.

So add things as they come up, Vienna is very good about keeping the case updated as things come up and need to be added.

Good luck!

[kitkat1]

KitKat, the waiver package was made by Laurel Scott.
I don't want to say that you have not right, just that I'm scared.
If I will send you my hardhip letter, would you please when you have time, take a look if it's good or not. Pleaseeee

Regardless of who wrote it, my opinion is that it wasn't strong enough. And given that the applicant was denied, seems like that was indeed the case.

As recommended, post your letter here in the forum for review. I don't accept PMs with requests to answer specific questions because I'm not a lawyer and I don't have time to answer the number of PMs for personal help that I was getting. It's better for everyone if all questions and issues are discussed in the open forum.

[cindy101]

Dana,

Just to let you know... This is just the index of exhibits that I submitted with my hardship letter in the master binder that weighed 15 pounds, not including my hardship letter. No guarantees I'll be approved- but I tried to include EVERYTHING that I felt I would be impacted with if I had to move to Albania.

Health Exhibits (Tab 3) :

1. Letter of Diagnosis for USC Son Family Name from Nora Psychiatrist, MD Child and Adolescent Psychiatry for Bipolar Affective Disorder Not Otherwise Specified, in addition to ADHD
2. Letter from Dr. Psychiatrist to USC Son’s school stating that nausea is a common side effect of Abilify and that they should not discharge him unless he displays symptoms of infection. This letter was written because at the time of the letter, January 26, 2007. XXX Elementary insisted I leave work and pick USC Son up no less than three times in a three week span. This letter was written to alleviate my need to miss so much work for non-medically necessary reasons.
3. Updated letter from Dr. Psychologist, Clinical Psychologist on USC Son’s progress
4. Original letter from Dr. Psychologist on USC Son’s condition
5. Updated letter from Marlene Psychologist, PhD on USC’s progress
6. Original letter from Dr. Psychologist on USC’s condition
7. Consent form for clinical trial USC Son participated in 2006 at University Hospitals
8. Family guidelines for clinical trial USC Son participated in
9. 2006 summary of doctor visits and expenses
a. 66 Visits total
b. $780 in co-pays
10. 2007 summary through April of doctor visits and expenses
a. 14 visits
b. $280 in co-pays
11. 2006 summary of co-pays for prescription drugs
a. 20 prescriptions
b. $680.00
12. 2007 summary through April of prescription drugs
a. 15 prescriptions
b. $425
i. USC Son completed the Abilify study in December 2006, it is now my responsibility to take USC Son every 6 weeks to a psychiatrist $20 co-pay and pay the $35 monthly co-pay for XXXX
ii. USC Son’s primary care physician also put him back on XXXXXXX(preventative asthma medication)
13. World Bank, Albania Health Sector Note, Published February 2006
a. Footnotes 2 and 4 from my extreme hardship letter:
i. Report details the state of the Albanian health care industry
ii. Alarming data about quality of prenatal care, infant mortality, integrity of pharmaceutical industry, lack of qualified medical personnel, lack of funding
14. World Health Organization, WHO AIMS Report on Mental Health System in Albania, published in 2006
a. This report details the total lack of funding for mental health services in Albania.
i. 3% of health care expenses directed to mental health
ii. 97% of that 3% goes towards funding mental hospitals
iii. No children are in those hospitals
iv. Less than 20% of patients in the mental hospitals receive psychosocial interventions (psychotherapy, social support, educational treatment)
v. Psychosocial treatments only offered to 21-50% of outpatient consumers

15. British Journal of Psychiatry 2005, 186, pages 529-535. Pathways to psychiatric care in Eastern Europe
a. Results: “General practioners have a limited role as “gatekeeper” in centres in Albania, Croatia, Macedonia, Romania, Serbia-Montenegro, and rarely prescribed treatment, except sedatives, for mental disorders.
b. For the study, Tirana, Albania had the lowest ratio of psychiatrists to general population 1.2 psychiatrists to 100,000 population. Compare to Bucharest, Romania another poor Eastern European country that has a ratio o f8.3 psychiatrists to 100,000 population
16. WHO Euoropean Ministerial Conference on Mental Health, January 2005, Helsinki
a. “Worldwide up to 20% of children and adolescents suffer from disabling mental health problems”
b. “children’s psychiatric problems has not increased over recent decades. However self-reporting of depression has increased and new diagnosis have become prominent. Many of the disorder are recurrent or chronic”
c. “Obtaining essential services is a fundamental right highlighted in the European Social Charter, yet adolescents report considerable and quantitative differences in the existence and level of services across the European Region.”
d. “Only 10% and 15% of young people with mental health problems receive help from the existing child and mental health services.”
e. Finland and France ratio of child psychiatrists to children 1 to every 10,000. Compare to poorer Eastern European countries such as Serbia and Montenegro (similar to Albania) where the statistic drops to 1 child psychiatrist to 50,000 children… or more.
17. www.marchofdimes.com
a. Pregnancy concerns after 35
i. Fertility
ii. Blood pressure
iii. Diabetes
iv. Miscarriage
v. Placenta previa
vi. Cesarean section
1. Already mandatory due to previous pre-term labor
2. USC Son was born at 30.5 weeks, 15 days spent in NICU
vii. Premature delivery
1. Still at risk due to incompetent cervix
viii. Stillbirth
ix. Genetic disorders

Work Exhibits (Tab 4):

1. Letter from USC Work Corporation to Officer in Charge in Vienna on behalf of USC Family Name to end employer and employee hardship due to USC Husband’s voluntary departure and family separation
2. Letter from USC Work to Senator Voinovich to request assistance with expediting immigration case
3. Letter from USC Work to Senator DeWine (no longer in office) to request assistance with expediting immigration case
4. Letter from XXXX, co-worker and friend, outlining hardship he has seen USC Family Name endure on the job due to voluntary departure of USC Husband Family Name and the extreme hardship it has created in getting tasks completed
5. Letter from XXXX, co-worker, who has seen me have to leave work frequently at a moments notice to deal with USC Son’s ongoing medical condition and struggle being a single working mom with a special needs child.
6. Letter from XXXX, co-worker and friend, outlining hardships she has seen me endure
7. 2007 merit increase letter
8. Letter from USC Husband’s former employer in the United States prior to his departure stating USC Husband was an asset to their corporation with a good work ethic
9. CIA world fact book referenced in extreme hardship letter to show
a. Very high unemployment in Albania compared to US
b. How much smaller the GDP is
c. How small Albania’s industrial sector is (USC Family Name’s work experience and skills)


Financial Exhibits (Tab 5):

1. 1040 for 2006 Taxable wages and tips for joint return $XXXXX
2. W2s
a. USC Family Name Gross pay $XXXXXX
b. USC Husband Family Name gross pay $XXXXX
c. Total gross pay $XXXXX for 2005 Taxable wages and tips for joint return $XXXXX
3. W2s
a. USC Family Name’s gross pay $XXXXX
b. USC Husband Family Name’s gross pay $XXXXX
c. Total gross pay $XXXXX
i. Loss of family income $XXXXX
ii. 2006 deficit $XXXX
iii. Increase in family bills for 2007 $XXXX
iv. Family deficit for 2007 is now $XXXX if no additional expenses added to budget
4. USC Family Name’s 19 year record of contributions to social security
5. Record of USC Family Name’s financial hardship. Ex-husband’s refusal to pay child support for USC Son Family Name their special needs child. Exact whereabouts of ex-husband unknown to the Child Support Enforcement Agency and USC Family Name.
a. Current arrears over $64,000.00
6. Cost of special needs summer camp paid $XXXX for 2006
7. Cost of surround care for 2006 $XXXX
a. Total cost for childcare 2006= $XXXX
8. Invoice for special needs camp 2007. $XXXX already paid, amount due $XXX.
a. Taking USC Son out of camp for two weeks and taking vacation for one week, asking parents to help for a second week because USC Family Name can’t afford the full amount for 2007
9. 2007 lease $XXXX. total expense, $XXX/month
10. 2006 lease $XXXX. total expense, $XXX/month
11. Medical benefit summary
a. Cost of Aetna $XXX/pay period
b. $XXXX total expense for 2007
Recent bills to show economic distress:
12. Electric bill $XXX currently due, over $XXX of bill is past due
13. AT&T $XXX currently past due, disconnection notice
14. NECC long distance $XXX currently due
15. AIG $XXX due in June for next 6 month insurance payment


Family/Social Needs (Tab 6):

1. Letter from Mom Family Name on her daughter USC Family Name’s and grandson’s continuing extreme hardship due to family separation
2. Letter from Dad Family Name on his daughter USC Family Name’s and grandson’s continuing extreme hardship due to family separation
3. Pictures of USC Son’s ritual of stopping and putting in his wish for his dad’s return from Albania at University Hospital’s wishing well in the children’s hospital and also letter in his handwriting expressing his wish for USC Husband to return home, to the United Staes
4. Sister Family Name’s updated letter on her sister, USC Family Name’s, extreme hardship
5. Sister Family Name’s original letter on her sister, USC Family Name’s, extreme hardship
6. Updated letter from XXXXX, close friend on USC Family Name’s extreme hardship
7. Original letter from XXXX, close friend on USC Family Name’s extreme hardship
8. Updated letter from XXXXX, close friend, on USC Family Name’s continued extreme hardship due to family separation
9. Original letter from XXXXX, close friend, on USC Family Name’s continued extreme hardship due to family separation
10. Letter from ling time family friend,XXXX, on the dire need of family re-unification.
11. Updated letter from close friend, XXXXX, on continued extreme hardship separation of family is causing USC Family Name and USC Son Family Name
12. Updated letter from close friend and special education teacher,XXXXX, on continued extreme hardship separation of family is causing USC Family Name and USC Son Family Name. XXXX has continued to be an invaluable resource to the Family Name family on matters of education and special needs resources.
13. Original letter from close friends, XXXX and XXXX XXXXXX, on the extreme hardship separation of family is causing USC Family Name and USC Son Family Name


Education (Tab 7):

1. Printout of USC Family Name’s grades in the MBA program
a. 3.75 GPA
b. 8/15 classes completed
c. Took leave from program due to complications with USC Husband’s immigration case
i. Not sure if his voluntary departure would be extended
ii. Imperative to spend remaining time with family
2. USC Son’s 504 Intervention Plan at his school for his disability
a. Tier 3 Behavior plan
i. Outlines behavior expectations
ii. Outlines rewards/consequences
1. USC Son has injured his own body by cutting his wrists or choking himself on several occasions so the plan was revised to remove all frogs for self-harm.
b. Behavior chart, communication tool and behavior metric that goes back and forth from school to home each day
3. Individualized Education Plan (IEP)
a. Addresses speech concerns, outlines speech therapy with speech pathologist
4. Communication from USC Son’s teacher expressing grave concern regarding USC Son’s self-harm
5. Communication from Dr. XXXXX’s to school during formulation of 504 plan
6. Communication from school regarding change of diagnosis to bipolar and ADHD
7. Communication from Ann Kelley school counselor regarding removing USC Son from anxiety provoking lunch/recess
8. Communication from Ann Kelley regarding serious behavior concerns

SAFETY (Tab 8):

1. Printout of US Embassy Department of State warning
http://travel.state.gov/travel/cis_pa_tw/cis/cis_1076.html
2. Printout of US Embassy in Tirana Warden messages
http://tirana.usembassy.gov/warden_information.html
a. Avian flu confirmed
b. Shkoder travel advisory warning
c. Concern over behavior during general elections
3. US State Department Report on trafficking of women and children in Albania
http://gvnet.com/humantrafficking/Albania-2.htm