Legal Question in Immigration Law in Illinois


My mom had a valid immigrant visa for 10 years. In 1999 when she was trying to enter the U.S., she was stopped by INS officer at O'hare Airport and sent back to Poland the same day on the basis of illegal working while staying in the U.S. (she was in the U.S. in 1998 for 5 months, legally). My father and her husband filed an application for Waiver of Grounds of Inadmissibility together with an application for her immigrant visa to the U.S. He is a permament redident of the U.S and I am an American citizen. Recently, he received a letter from the INS informning us that they need a written statement as to why the exclusion of my mom and his wife from the U.S. would result in extreme hardship to my father and I. I am not certain what to include in this statement. Could you please advise me how my father should write it. I would appreciate few samples of these hardship statements.

In addition, what is the chance that my mom wavier will be approved?

Thank you very much for your attention to this matter.

Asked on 2/13/02, 3:20 pm

2 Answers from Attorneys

Matthew Bernstein Law Office of Chicago Kent College of Law

Re: Waver

Dear Sir:

I would be happy to represent your mother in applying for a waiver of grounds of inadmisability on the basis of hardship to your father. I would need to work with you in obtaining evidence of hardship (psychological, emotional, economic, medical, etc.) to your father should your mother be excluded based on letters from experts in these fields. I would also draft my own letter citing the law and standards for the waiver. I have an hourly rate of $220 and would ask for a $2,000 retainer. My initial consultation fee is $250.

Feel free to set up an appointment with my secretary, Jackie Holmes.

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Answered on 2/13/02, 3:50 pm
Eric Schultz Sacks, Kolken & Schultz

Re: Waver

In my opinion, your situation is too difficult to try to provide a generalized answer on a forum like this, as the facts are not clear: was your mother ever really a lawful permanent resident, or was she here in unlawful presence? Did she make a false statement of some kind, or is there a mistake that has occurred?

Your message shows that your mother's situation is very serious. You need to consult with an immigration lawyer to review specific facts about your case, and how to handle the exact charges against her.

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Answered on 2/13/02, 3:52 pm

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