Can we file I-601 hardship application for son in Brazil prior to priority date?
My wife is a US citizen (since 2011). She filed an I-130 (now F-1 status: Unmarried, over 21 yrs old) for her (now 30 year old) son in 2009. Currently the F-1 date is December 2005 (approx 4 yrs more to wait). Her son and daughter came with her to the U.S. at 6 and 5 years old respectively; grew up here; went to school here. Her daughter is now a US citizen. Her son went back to Brazil at age 17 to (supposedly) live with his father, but this was just a ploy to get my wife's son to go to Brazil. The father is a drug and alcohol addict who has proceded over the past 13 years to follow around and harass his son in Brazil and cause my wife's son to suffer severe trauma, depression and mental illness. My wife's son has been in and out of various psychiatric clinics over this time. He has tried numerous times to get a job, but the father has gone to his employers and caused him to be fired. My wife has employment here in the US and she pays for her son's living and medical expenses, but due to his mental issues he really needs to be around family. My wife travels to Brazil numerous time each year to spend time with her son, but this causes her job here in the US to suffer, and she needs that income to support him in Brazil. Her son's father has even caused the neighbors wherever her son lives to turn against him and try to get him evicted from where he lives. Also, none of my wife's relatives in Brazil will take her son in, because they don't want to deal with his mental issues. The family members that did take in her son in the past just stole the money my wife sent to them for his support and used it for themselves. As for the psychiatric clinics, the public ones in Brazil are terrible; they overmedicate the patients and offer no therapy. And they only allow a 2 month stay each time. Private psychiatric clinics in Brazil very very expensive and would only offer a couple of months stay. Basically, my wife's son is in a very precarious position; his life and well-being is in danger and he needs to be here in the USA where my wife, her daughter and I could take care of him and make sure he gets the proper medical and psychiatric care and financial support, along with a loving environment.
My question is: How can we get him here to the USA earlier than the 4 more years that he has on the I-130 waiting list? Can my wife file an I-601 Hardship Waiver; or is this waiver only for people who have already had their Visa interview and were rejected? Or is there another kind of Hardship application available?
My wife is a US citizen (since 2011). She filed an I-130 (now F-1 status: Unmarried, over 21 yrs old) for her (now 30 year old) son in 2009. Currently the F-1 date is December 2005 (approx 4 yrs more to wait). Her son and daughter came with her to the U.S. at 6 and 5 years old respectively; grew up here; went to school here. Her daughter is now a US citizen. Her son went back to Brazil at age 17 to (supposedly) live with his father, but this was just a ploy to get my wife's son to go to Brazil. The father is a drug and alcohol addict who has proceded over the past 13 years to follow around and harass his son in Brazil and cause my wife's son to suffer severe trauma, depression and mental illness. My wife's son has been in and out of various psychiatric clinics over this time. He has tried numerous times to get a job, but the father has gone to his employers and caused him to be fired. My wife has employment here in the US and she pays for her son's living and medical expenses, but due to his mental issues he really needs to be around family. My wife travels to Brazil numerous time each year to spend time with her son, but this causes her job here in the US to suffer, and she needs that income to support him in Brazil. Her son's father has even caused the neighbors wherever her son lives to turn against him and try to get him evicted from where he lives. Also, none of my wife's relatives in Brazil will take her son in, because they don't want to deal with his mental issues. The family members that did take in her son in the past just stole the money my wife sent to them for his support and used it for themselves. As for the psychiatric clinics, the public ones in Brazil are terrible; they overmedicate the patients and offer no therapy. And they only allow a 2 month stay each time. Private psychiatric clinics in Brazil very very expensive and would only offer a couple of months stay. Basically, my wife's son is in a very precarious position; his life and well-being is in danger and he needs to be here in the USA where my wife, her daughter and I could take care of him and make sure he gets the proper medical and psychiatric care and financial support, along with a loving environment.
My question is: How can we get him here to the USA earlier than the 4 more years that he has on the I-130 waiting list? Can my wife file an I-601 Hardship Waiver; or is this waiver only for people who have already had their Visa interview and were rejected? Or is there another kind of Hardship application available?