Legal Question in Immigration Law in Kentucky

Re: waiver

From what consular post is your husband attempting to obtain his visa? What are the circumstances that landed him back there? If he is not at a consular post, is he trying to get adjusted here in the U.S.? Need more details. On the "extreme hardship" if you are a U.S. citizen, and you would not be able to live in his country, there are many grounds for extreme hardship there. Also, do you have children? Are they citizens? Try to remember this -- sometimes a post will deny a 601 simply because it feels like it. Challenge the denial. Keep pressing and you will probably get the waiver for your husband's return. If you have any more questions, please send me an email. take care.

Re: waiver

You can't just wait for their decision. If you don't send them a good packet of evidence supporting your claim that you will suffer extreme hardship, your husband's waiver WILL be denied.

You need to think of every way in which you would suffer if your husband can't come back for 10 years and then you need to get real evidence to back it up. For example, if you say you have health problems and need him to help take care of you, then you need to submit your medical records proving that you have these health problems. A letter (signed and dated) from your doctor would help as well, but many doctors won't do that. If you say you need him here to help care for an elderly or disabled relative, once again you need that person's medical records plus preferably proof of their disability (like a disability finding from the Social Security Administration) and an affidavit from that person attesting to how much they need you and your husband to take care of them.

I don't recommend you do this without an attorney. If you had done this with an attorney from the start, he might be back by now. As it is, he has been put at the back of the line which means (assuming he is from Mexico) that they won't make their final decision for 6 months to a year from the date of the letter. If he is not from Mexico, it might already be too late.

DO NOT LOSE HOPE!! These things can be fixed! And please also remember that if he tries to come back here illegally, he will most likely get caught and he will trigger the lifetime bar and will have to wait outside the US for 10 years before he is even eligible for the waiver. You have to have patience but if you do this right it can be corrected.