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pswa83

A Little Clearification about the "new" hardship wavier....

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ok, so myabe this is how i am interpeting the "new" law but here's what i understand it to be.

this DOES NOT shorten the time that the I-601 (hardship waiver) is approved. the average wait time for the I-601 to be approved is about 6 months.

what this "new" law does IS shorten the wait time outside of the US for a visa.

If approved then beneficiary will still need to leave the US but SOME will only need to be out of the country for a week. some longer, some shorter.

the hardship waiver petition is not difficult to fill out, however, it is hard to prove, to the laws and standards, the USCIS sets. (when i have done enough research on the laws and standards, i will make another post)

i believe that if one is denied the hardship waiver then they will probably have to find a different way of not having to leave the country.

one of my concerns, is if a visa needs to be immediately available to the beneficiary in order for them to apply for the hardship waiver.

please, dont get me wrong, i think that this may be a good thing, especially to those who can apply for it, however, i think a little more research into it is needed to know for sure if it will and can benefit those who do apply.

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Is not a law, is a rule.

If you're a denied, Nothing happens.

you can apply again or stay here. Some individuals will get NOAs & might get deported under grounds of criminals matters, safety to society or moral.

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Is not a law, is a rule.

If you're a denied, Nothing happens.

you can apply again or stay here. Some individuals will get NOAs & might get deported under grounds of criminals matters, safety to society or moral.

whether rule or law, my point was and still is that it has been in place for some time and is NOTHING new.

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What do you mean by it has been in place for some time cus It hasn't been in place at all. There was something similar to AOS in state but thats under the 245(I) amnesty.

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the hardship waiver itself has been in place since 1961 when it started as only for those who were on a student exchange program in the US. meaning that one would have been on a student visa at the time and then married a USC.

since that time, the hardhsip waiver has been expanded to include those who are not on student visas.

however the process is still the same. once a visa becomes available to the beneficiary, he/she would have and still would need to leave the US, go back to their home country, go to the US Consulate and obtain their visa there.

what this 'new" rule/law does, is shorten the time that one has to be out of the US in order to obtain their visa. also, what it does is waives, the ban that one would have incurred in leaving the US in going back to their home country,

i do also know the the 245(i) that you speak of. however, that is not an amnesty either. what the 245(i) does is for those who filed an I-130 petition before April 30, 2001, they do not have to leave the US if and when a visa becomes available to them. this is completely different from the hardship waiver.

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