Dv visa denied

newacct

Well-Known Member
#21
Can my 7 year old son who is autistic stand as a hardship for my waiver process?
Technically, a waiver for this ban is only possible for hardship to your spouse or parent who is a US citizen or permanent resident. Hardship to your child does not count. However, your son's situation can be part of establishing that there is hardship to your husband.
 

SusieQQQ

Well-Known Member
#22
Technically, a waiver for this ban is only possible for hardship to your spouse or parent who is a US citizen or permanent resident. Hardship to your child does not count. However, your son's situation can be part of establishing that there is hardship to your husband.
I believe the question that mom raised earlier is: starting from a basis where they are together outside the US, is it plausible for husband and son to move to the US and then claim hardship? Seems they will deliberately put themselves into this hardship situation in order to try to get a waiver approved? Wonder what the precedent for any waivers being granted under such situations is.

Also am not sure @Mel B has fully absorbed the timelines involved. To clarify: Husband and son move to US; any waiver application regardless of outcome is almost certain to not be approved before FY end, seeing as the current processing time is 12-15.5 months. As no DV visa will be able to be issued after fiscal year end, this then requires husband to file F2A visa for spouse of LPR. Current processing time for this is a shade over 2 years. Even if the waiver is already approved and can be used, that is a minimum of 2 years apart, a long time considering what OP has said about being separated from son. And then of course the big question- if waiver is not approved, what then? Do they stay apart or do husband and son return?
 

Sm1smom

Super Moderator
#23
I want to stay close to my family. Thanks
The immediate solution to being with your family is for your husband and son to forgo their visas and not relocate, this ensures the family remains together.

You and your husband have to ask yourselves is it worth it being apart for two to three years for a rather tiny possibility of a waiver approval and subsequently being sponsored - considering you already said your son is autistic and he needs you?
 
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