If I file I-601 & I-212 for my husband, what’s the best evidence I can provide to obtain approval for him to be my caretaker?

Q: I’m a 60 year old woman who became a permanent USA resident in Dec 2013. My husband has the 10 year bar and was refused by the Embassy to come to the States. He has completed over 7 years of the 10 year bar. The Embassy informed him that I need to apply on his behalf by completing Form I-601 and I-212 in order for them to approve him for the green card. I have Multiple Sclerosis (MS) and am completely disabled and he has been my carer for a long time. We have been married for over 38 years and NEVER been separated. I’m depressed and disappointed that we have to live apart for potentially 3-4 years. If these forms don’t get approved, he has to wait 3 years before he can re-apply. I can’t travel often because of my physical condition so please help me. Thank you in advance for your help!

A: I perfectly understand your feelings and I can see in your particular case elements sufficient to satisfy the United States Congress imposed burden of proof of Extreme Hardship to the aliens statutorily qualified relative, that in this particular case is you,  his spouse .

Extreme hardship has been interpreted as a harm different to the common expected harm a spouse will sustain if forced to be separated from his/her foreign born spouse for a period of ten years. I can see that your harm is different and can be distinguished from the common harm of forced separation such as financial difficulties, sadness, change in the accustomed standard of living etc.

You are a patient with a serious chronic condition and a patient with strengthened medical needs that if not properly controlled and monitored can be deadly and change of physicians is not normally recommended.

The needs (as a result of your condition) for support of all aspects make your hardship different and well apart from the others so you have factors that with evidence from your doctor can be compelling and sufficient enough to satisfy this burden of proof. A psychological evaluation will be recommended to support the medical diagnosis as to the impact of your condition in your emotional health.

Your statement as to what you have to endure  each day of your life as a patient with a chronic condition will be extremely important to make part of the evidence submitted to the service to adjudicate the waiver and to exercise their discretion to grant the waiver based on you having satisfied the imposed burden of proof.

Eliana Phelps

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