Orange County Immigration Attorney

Extreme hardship is a very difficult standard and impossible to advise you through a forum such as this because it is very fact-specific. Often there is not one single factor that is compelling so you need to paint the picture of the whole situation for the USCIS Officer. If your case is already denied unlikely you can get a strong enough case together to appeal in time so it likely will be a re-file. You should set up a paid phone consultation to review your case so you can be properly advised.

I usually recommend my clients not to appeal and file a new one. Waivers are complicated and you should hire an attorney.

I cannot really assess whether you should appeal the denial of the I-601 waiver or file a new I-601 waiver without reviewing the waiver package you filed and the decision. An appeal is essentially an opportunity to point out why the decision was wrong. You may be able to submit some additional evidence, but the focus of the argument is why the decision was incorrect. Filing a new I-601 waiver would allow you to submit additional evidence to support your position that you will suffer extreme hardship if your wife cannot enter the United States before her statutory bar period runs. When you live together, demonstrating hardship becomes more difficult. There are many factors that are viewed to determine whether hardship exists. These factors should be considered together. It would be important to stress what status you have in Brazil (i.e. whether you are illegally residing in Brazil, temporarily allowed to remain in Brazil, or have permanent resident status in Brazil). The more tenuous your status, the more likely you and your wife could be separated. You also need to discuss your opportunities for employment in Brazil including whether you can work in your field of study or trade. It also important to discuss your family ties to the United States and whether anyone has health issues and your ability to communicate/visit your family. An extreme hardship waiver is not simply filing the Form I-601. You must also provide evidence to support your claim. Our office typically files a memorandum of law and fact along with the I-601 form and supporting evidence showing why a case meets the standard.

It will be very hard to meet the standard for hardship either way. The best chance is to wait and refile.

Re-file with professional assessment. The hardship can include your isolation in Brazil, not speaking the language, limited employment, separation from US family, friends, etc. As this case doesn't seem to have the common hardship issues (medical, security) your case is stronger if you get a psychological assessment of your emotional and mental state if you were forced to remain in Brazil due to your wife’s waiver denial.

It is unclear whether you can More information is needed. You may appeal, re-file, or wait, but have a little less than 30 days from the decision to act. I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney.