Question to Lauren

[villafanm31]

hi My name is Maria Villafan and I apply to my husband Omar Flores by I-130 we have our appointment in CDJ on Dec 28-2007. We are a little bite scared tha what is going to happen on that interview, if He is going to be deported by the 10 years thing. we are now preparing the waiver papers. i dont have health issues and we have a daugther and she is healthy to. so the harsment on health issues doesn't apply on us, the person who is helping us told us that if we want more time to be togeter we can wait One year without repond the interview letter not cancel it. just not do anything. my husband wants to do that 'cause he doesn't want to be wihtout us. is that right i dont want to prolonge the agony more and more i thing that we have to go there to CDJ and finishing with the anguishment (angustia). What do you recommend to us? :shy:

[Laura]

Welcome Maria!

I'm not sure if you were trying to address Laurel Scott the attorney here, but she doesn't usually answer inquiries about specific cases on the forum. You'd have to attend her actual chat on a Wednesday at visacentral.net. However, there is lots of help for your questions in the main I-601 Mexico forum.

There is actually a very high approval rate in CDJ - so most of us would recommend you go to the interview as long as you know you are eligible for the I-601 waiver. The only things that would make your husband ineligible would be if he had been in the U.S. for a year or more, then had left and entered illegally a second time. Also known as multiple entries, but it's not quite that simple. If he entered the U.S. once and never left, you are fine, if he has come and gone multiple times, we'll need the dates to evaluate the situation. Does he have any criminal history in the U.S.? Some offenses might affect his eligibility for the waiver.

However, if neither of those apply, you should definitely go for it. He is going to need a waiver, and as you sort of mentioned, you'll have to prove and document that you, the USC, will suffer extreme hardship if he is not allowed back to the U.S. CDJ actually has a program now that will allow that waiver to be immediately adjudicated. If it is deemed clearly approvable, he'll get the visa the same day.

There is tons of information here about putting together a hardship packet, which will be key to getting approved. You don't have to have a serious medical condition, but you do need to put together a strong argument for why your husband has to be back. I would recommend that you start reading the sticky posts in the I-601 Mexico area, particularly the memo on proving hardship and the tips on writing the hardship letter. There are also tons of approved sample letters that you can look at for ideas.

Good luck!

[villafanm31]

Tanks for your comment it was very helpfull, at leat you bring me hope!!!

[ecobian]

Laurafern,

I have a question that i have always wanted to ask. How would they know if you entered multiple times, but never got caught or deported or anything like that. Do you mean if EWI multiple and being caught and released??