Do I need a lawyer to write my hardship letter for a I-601 waiver?
Question.
"I was told to write a hardship letter to keep my wife from being deported.
My nephew helped me write my letter. He's a college student.
He added about 10-15 pages of evidence.
The legal assistant helping us prepare the forms thinks this is good enough.
But one of my friends heard some bad stories about these letters.
He said I should double-check with an attorney. I'm confused."
Answer.
Without knowing more about your situation, I cannot say with 100% certainty that she needs a lawyer.
However, proving hardship is too difficult for most immigrants to try to do on their own.
The risks of losing are high.
Your co-worker gave you good advice.
Too many times, immigrants have visited my office after they already lost their hardship case.
They were told a simple letter discussing their family situation
along with a few documents like birth and marriage certificates
would be enough to prove hardship.
In almost all cases, this is bad advice.
Winning permanent residence is never that simple.
Sure, the hardship letter is important.
If completed properly, it serves to explain the main issues
you want immigration officials to know about.
Such letters are usually several pages long.
Each issue you mention in the letter should be verified
by submitting good, solid supporting evidence.
This helps to prove you're not making up false arguments.
The phrase Immigration Hardship Letter is misleading.
You really need an Immigration Hardship Packet.
As a result, there is a strong possibility
the 10–15 pages of evidence put together will not be sufficent to win your wife's case.
Hardship is one of the toughest rules in immigration law.
There is no precise definition.
Every family will incur loss if a family member is separated from them.
But the law says ordinary hardship is not enough.
You must show extreme hardship.
Sometimes you need to address many issues about your family situation.
Other times only 2 – 3 concerns are necessary.
If you can figure out what issues to focus on
and you know how to effectively assemble your evidence,
then maybe you don't need an immigration lawyer's help.
But why take such a risk?
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