Responding to a Hardship Waiver RFE

Hi this is Kaushik Ranchod of The Ranchod Law Group here, coming to you live. Today we’re going to talk about a case study of what to do when you get an RFE for a hardship waiver.

I just had a consultation with someone who hired an attorney and they filed the hardship waiver but they didn’t file it in a way that would be in the clients best interest because it was not well prepared.

Unfortunately there was a statement of reason and that was it. There was no legal brief and the supporting arguments didn’t demonstrate the exceptional hardship.

So it’s really extremely important that the hardships are flushed out. In this situation their hardships were just basically stated and that is not enough. It needs to be backed up with evidence, it needs to be demonstrated through not only flushing out exactly what would happen if you faced hardship as a US citizen or permanent resident if you had to go back to the home country, but also it needs to be backed up with evidence and in this situation it was just unfortunately statements that were written by the actual applicant, and the applicant did the best job that they could.

But the attorney really did not. It appeared to me the attorney did not provide guidance or do anything that would take the case a step above to result in an approval. You know sometimes requests for evidence, they do happen but they can be prevented in many situations or even if you get a RFE it’s easier to respond if the case was thoroughly prepared: in this situation the case wasn’t thoroughly prepared so the RFE is going to be very difficult to substantiate and build.

Basically a whole new case needs to be built because nothing was done, so it makes it much more difficult if nothing was done. Now if the attorney does prepare a very thorough case from the get-go, then it’s a lot easier to respond to the RFE. So if you’re in a situation where you get a RFE and sometimes if you hire a new attorney, they may need to start over and rebuild the whole case just does it, it was a new filing depending upon what was done.

So I invite you to contact us at (916) 613-3553.

If you do get a RFE don’t worry you can respond to it and get an approval we’ve done that in many many situations you just need to make sure that you get the right legal counsel and if you have questions call us at (916) 613-3553 or email us at thanks and have an awesome day!

Additional information on Requests for Evidence (RFE):