One of the biggest reasons for returning to the States for a longer period of time right now is because of our lack of "extreme hardships" in our visa waiver application. After I got the fortune of meeting with the woman who approves and denies the waivers in El Salvador, she informed me that by living in E.S. with my husband, it was showing that I have no hardships.
For those of you not familiar with what I am talking about, I will break it down for you:
"THE “EXTREME HARDSHIP” REQUIREMENT
I–601 waivers may be granted for a variety of reasons, and apply to different types of entry visas. The condition for obtaining such a waiver is if the visa applicant can demonstrate that failure to grant the visa will result in an “extreme hardship” to the United States citizen or Lawful Permanent Resident (LPR) spouse or parent of an I–601 waiver applicant.
There is no set formula for obtaining a waiver; instead, the granting or denying of a waiver is at the discretion of the Secretary of the Department of Homeland Security.
The “extreme hardship” requirements are very stringent. First, applicants must bear in mind that the “hardship” in question refers only to the United States citizen or LPR who is residing in the United States, and not to the applicant. The applicant for the waiver must demonstrate that the hardship to the United States resident (a spouse or parent of the applicant) will occur not only if the applicant is not admitted to the United States, but that it will also occur if that spouse or parent relocates to the country in which the I–601 applicant resides. (which I can now prove first-hand why we cannot live in E.S.)
Further, the applicant must support the claim of hardship by documentary proof, or by a sufficiently detailed explanation of the purported hardship with adequate evidence to support the explanation. (this is the hard part!)
WHAT QUALIFIES AS AN “EXTREME HARDSHIP”?
Naturally, a child or spouse of a United States resident who is barred from visiting their parent or spouse may find the separation emotionally trying or may find that it creates some financial difficulties. However, these difficulties, by themselves, do not suffice to meet the definition of an “extreme hardship” for purposes of an I–601 waiver regardless of how close the relationship is between the separated parties; neither are speculative or perceived harms enough. (how screwed up is that!??)
Instead, in order to overcome the disqualification imposed by the condition or conditions that led to inadmissibility, the I–601 waiver applicant must generally document some other factor which demonstrates hardship, such as an ongoing medical condition that requires special care or treatment; financial hardships created by caring for an elderly, infirm, or special needs parent or child; or other factors that suggest that the separation presents special and extraordinary difficulties that amount to an extreme hardship."
So as you can see from reading that, I sometimes feel as though I am screwed. But no matter how much I feel we lack "extreme hardships", I have hope and faith and believe with all my heart we will be approved. But, it doesn't come without a lot of work on my part.
Being back here in Indiana, I have three main goals:
1. To re-write my hardship letter and gather as much evidence as possible as to why Eduardo should be allowed to come back here.
2. To make money for our family in El Salvador to survive and for us to survive.
3. To improve the physical and emotional health of Liliana and myself.
I started writing my new letter tonight and it feels good to even have started. It's such a daunting task. Now I get to be creative and find ways to prove that I am in desperate need to have my love back here. I promise I won't let my family down!!
