EspanolIn this video Kaushik Ranchod provides insights and recent experience about I-601A Waivers during the Administration of President Trump. Kaushik is an Immigration Attorney and CEO at the Ranchod Law Group, in Sacramento California.
As we all know these are challenging times for immigration and immigration cases. Under President Trump, the whole immigration system has come under continuous attack. That is why it is crucial for you to know your options and how to move in the right direction towards reaching legal status and live in the US. Today to help you better understand we’ll address what is going on now in 2020 with immigration legislation and I-601A waiver cases and I-601A waivers in particular. Immigration Attorney Kaushik Ranchod from The Ranchod Law Group will be talking about what is working now to get I-601A Extreme Hardship Waivers approved. Which are the Top 3 strategies that are working right now to help you move your first steps towards a successful application? Getting I-601A Extreme Hardship Waivers approved is often very complicated, and takes a lot of work to reach approval. The reason behind this is that, for the USCIS mere separation does not qualify as a reason for exceptional Hardship. There have to be many more factors that need to come into play for the government to consider your situation one of Extreme Hardship. Such factors, for an I-601A extreme hardship waiver are, for example, financial hardship, health issues, and many other situations. In this video, Kaushik describes precisely how all these factors must fall into place for you to file your application correctly.
Today what we are going to talk about are I-601A waivers; what’s working now under the Trump administration?
We’re going to talk about three things, three strategies which have worked. I’ll explain the arguments that have worked, so you’ll want to stay tuned to make sure that you can see what’s working now.
Let’s dive into it!
As you know, immigration has been under attack. Under the Trump Administration, denials have been skyrocketing. Now, what can you do?
Well, we’re very grateful here at The Ranchod Law Group that we’re continuing to have a very high success rate – even during this difficult time.
So I want to share with you what’s working in our cases, and of course every case is different. Because every case is so different, you need to have it evaluated with an attorney. You can always give us a call if you have questions. Right now, I want to share important information about these cases. In particular, I’ll describe things that are working for us and how we are winning these cases.
Extreme hardship due to psychological trauma
Let’s talk about the first case which presents extreme hardship due to psychological trauma. We have the applicant married to a United States citizen. This couple has a history of psychological trauma. In particular, I am referring to psychological trauma to the U.S. citizen. In evaluating these I-601A hardship waivers, you need to prove that the hardship is on the U.S. citizen. Therefore I need to explain this in detail, because I get a lot of questions related to this aspect.
In evaluating cases of exceptional hardship, they’re looking for a hardship to the U.S. citizen.
In this situation, the U.S. citizen had a history of psychological trauma. If the U.S. citizen were to be separated from their spouse, then that psychological trauma could be exacerbated because of their history of psychological trauma. So we explained that as one of the factors.
So here’s strategy number one: look at your medical records to see whether or not you have, as a U.S. citizen, any psychological trauma in the past that could be exacerbated by the separation.
Now it’s vital to note what I’m about to say – it is crucial, so you want to write this down: mere separation and anxiety is not enough!
Unfortunately, this is what I see when I see denials that are brought in to us to help cure, the government says, well, mere separation and anxiety. Well you know to me and you that seems like extreme hardship to the government under the legal standards it’s not considered extreme hardship.
We need to explain how and why they cause hardship. Proving extreme hardship requires we examine, in great detail, these factors. In summary, that was strategy number one: psychological trauma.
Extreme hardship due to Financial Hardship
Second – in this situation, the couple would also suffer from a form of financial hardship.
What was the financial hardship?
What does that mean?
In this specific situation, we described two factors – the first one was the child care.
Child care would be the cause of hardship, because if the spouse had to go back to their country, this would cause a problem. In particular, the U.S. citizen would not be able to afford child care while working. Therefore, they were dependent upon their spouse to care for their child. The second issue that would cause extreme hardship was the fact that the couple of this case owned a home.
If the couple were to leave the United States and relocate to their home country, that would be an issue, because they would lose their home.
The loss of their home derived from the fact that they wouldn’t be able to continue to make payments from abroad because they would be making much less money than they were in the United States.
So strategy number two look to see if there is financial hardship.
Extreme hardship due to Health Care issues
All right let’s keep going here guys this is great!
Factor number three health and health care systems abroad. In this case, they had some severe health issues. Health care issues offered the opportunity to talk about their health issues and how the U.S. citizen would not have the same standard of care, as well as the same standard of treatment if they had to go to the applicant’s country of origin.
So this is how we got the case approved.
A Second I-601A Extreme Hardship Waiver Case
Now I want to move onto the second case. This other case offers more ideas with more examples.
Hopefully this is getting “your juices flowing”, and you can think about how all this may apply to you.
Extreme hardship due to a history of alcoholism
So, in the second case, the applicant was from Mexico, and their spouse was a U.S. citizen. In this case, we faced a situation where the U.S. citizen had a history of alcoholism, but they were currently sober. You must know how this situation was critical for us to distinguish how alcoholism is a disease and not characterize it as a negative trait because it is truly a disease.
Our concern, and what we wanted to explain was that there could be a trigger of a relapse. We did explain how, in this case, a relapse was a concrete possibility due to separation. We explained the problem and how it would create exceptional hardship.
We proved extreme hardship for a history of alcoholism
So, in this case, that’s how we proved exceptional hardship for a history of alcoholism which was the main factor. We successfully used this problem to prove extreme hardship to get the case approved.
You want to include as many hardships as possible if you don’t do that and rely on one factor—a single in all of these situations, may not be enough. We need to investigate every situation. If we identify situations of hardship, we then evaluate their potential for extreme hardship to include in the case.
The value of hiring an immigration attorney is that an attorney can look through all of your hardships and explain them all in a way that a USCIS officer can quickly understand. USCIS Officers do not have much time to evaluate every case – time is a critical factor. A USCIS officer will decide whether or not this is going to be a hardship.
We like to present a legal brief to outline and explain all those different factors with all of the supporting documentation. Because supporting documentation is extremely important you can’t just make up things of course. You have to back up what you’re saying with the supporting documentation.
So, I hope you like this video. If you have questions, give us a call (916)-613-3553. You can also email us and please subscribe to this video.
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Thank you so much for tuning in to this video, and I look forward to talking to you next time. Thanks have a fantastic day – bye for now.