hi friends welcome to McBean immigration
law TV it's been a while I know I know
it's been a while since I did my last
video on the unlawful presence waiver
but I've got a really good reason
friends I've been busy I moved we're in
Long Island now in Elmont Long Island if
you haven't yet seen the announcements
that we put out and so that has kept me
busy but I'm back I'm super excited to
be back in front of you with another
video in this one I'm going to address
the question of what evidence should you
submit with your i-601 a unlawful
presence waiver stay tuned you don't
want to miss this one
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friends thanks for subscribing thanks
for sharing thanks for being patient
with me as we've been going through
transitions here on my end with my
office we're settled in we're really
nice and comfortable now if you haven't
met with me in person yet now is a good
chance time to come out come out to
Elmont and have your consultation with
me here in person I'd be glad to meet
with you and to talk about your
immigration problem but let's just dive
right in
so I've done three videos on the
unlawful presence waiver I'm gonna put a
link to those videos right above here so
that you can go back and review and
learn a little bit more about the
unlawful presence waiver the i-601 a
unlawful presence waiver I talked about
who is eligible a lot of people think
they're eligible for this but they're
not I talked about who your qualifying
relatives are and a number of other
topics so please stop this video now go
check out the other three videos and
then come right back to this one so when
you think about evidence to submit to
the government you have to ask yourself
the question of what is the hardship
first of all what is that extreme
hardship that my US citizen parent or
spouse will suffer if I have to move
back to the country that I'm from if I
have to go back right so that's your
starting point so if the person will
suffer hardship because of health or
medical issues or conditions that he or
she is suffering from then that is
something you really need to hone in on
as it relates to the evidence that you
assemble so for example you would need
to assemble medical records doctor's
letters anything of that nature
prescription medication lists you know
you've got a really well document the
medical condition or conditions that
your qualifying relative is currently
suffering from and then certainly you
have to connect how you fit into all of
this right are you a caregiver are you
the person driving your spouse to the
doctor is your spouse or your pair
going through chemotherapy or dialysis
or any ongoing chronic illness you want
to talk about what that illness is and
how you help your relative to get
through the day to date so that's one
set of evidence you need to think about
assembling medical records secondly
you'll need to craft a really really
really nice declaration a declaration is
a story that tells the government what's
going on basically right it introduces
the government to your qualifying
relative what his or her life story is
like as it relates to this condition or
conditions that he or she is suffering
from it tells the story of why they need
you and how critical you are to their
life so a declaration from the
qualifying relative is very very
critical very critical to your unlawful
presence waiver and certainly a
declaration from you right you of
yourself need to tell the story of
what's going on with your relative and
how you fit into it all in how you're
helping that relative and why that
relative needs you here in the United
States with him or her so a declaration
from I would say both of you would be
absolutely essential to any unlawful
presence waiver packet thirdly if there
are financial concerns that your
qualifying relative has for example if
he or she depends on you for support
right maybe because that person is
disabled or can no longer work whatever
the situation may be you've got to
provide the evidence of the fact that
they are dependent on you for financial
support so you want to submit items like
bank statements receipts grocery
receipts those kinds of things just so
you know the government really doesn't
care that much about the financial
situation that you or your qualifying
relative is suffering from really that's
not the big selling point here
for this kind of waiver that's not very
convincing I should say to a waiver
packet but nonetheless if you can couple
that with a medical condition that your
qualifying relative suffers from whether
it's diabetes or cancer or kidney
failure or anything like that heart
failure that you're helping that
relative to manage right that is more
convincing than the financial standpoint
of things now if children are involved
and you are the caretaker of you know
you're the Guardian I should say or a
parent of the child and that child is
somehow his or her life is intertwined
with the qualifying relatives life you
want to talk a little bit about how the
children would be impacted too if you
had to depart and go back to your
country permanently right why these
children need you but be careful with
the children because some people think
that just because they have a US citizen
child it makes them eligible for the
unlawful presence waiver and in fact it
does not as I've talked about in
previous videos the only qualifying
relatives for this wave waiver I should
say is a US citizen or a green card
holder parent or a US citizen or green
card holder spouse so those are the only
two but children can play a role
certainly particularly if he or she is
connected to that qualifying relative so
you wanted to submit school records and
such proof of how you know you're caring
for the child and how the child is
connected to the qualifying relative and
so on and so forth but let me back up
also with respect to the financial
hardship the other evidence that you'll
need to provide are your pay stubs right
you need to provide pay stub utility
bills any if you purchase furniture you
need to put you know any major purchases
for the home you're going to want to
submit receipts and proof that you've
made those purchases insurances any
insurances that you're paying for car
insurance health insurance life
insurance or anything like that submit
those types of documents as well you
also want to submit letters of support
from friends and family who are familiar
with the situation that your qualifying
relative is face it these are people who
can talk in detail about the condition
the medical condition the financial
hardship how the children come into play
into everything you need people who are
familiar with the situation that you and
your family are facing so you need some
notarized letters of support or
affidavits from these individuals I
would say maybe four or five it depends
on the case right every case is
different but at least four or five
letters is a nice number for your
unlawful presence waiver those are just
some basic evidence that you need to
think about pulling together for this
waiver but friends I must tell you that
this waiver is not an easy one to obtain
you want to make sure you get this done
right work with a lawyer work with
someone who has experience in this area
and make sure you get it done correctly
friends thanks so much for watching and
stay tuned for my next video bye-bye