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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4754
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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Question,- this is the situation, my brother came here in

Customer Question

question,- this is the situation, my brother came here in 2002 when he was 15 years Old illegally and then in 2003 he had a DWI so he can't apply for daca his age is 28 years old now but he has two kids born here and his wife is citizen he got marry almost three years ago , i apply for the i-130 it got approved but when he applied for the waiver he was denied because he did not provide evidence that she was going to suffer i mean his wife , he hired an attorney he was the one that send the waiver but still got denied , any ideas in how can we fix this or any attorney that we can or you can help us i need someone doing this type of jobs , waiver and that they can get approved or any other way that he can became legally in the usa.
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
Ok i will wait thank you very much
Customer: replied 1 year ago.
Please let me know ok, thanks
Expert:  Jen Marie, Esq. replied 1 year ago.

Hello, my name is ***** ***** I will be the immigration attorney helping you today.

In order to have a chance of approval the attorney will need to prepare a very good letter and package with evidence. The most important thing to show is that your brother's wife will suffer from extreme hardship if he had to leave the US or if she had to go to the US with him. The best way to show this is usually by providing proof that his wife suffers from a medical condition for which she receives treatment in the US. This does not necessarily have to be something very serious.. it can be a combination of less serious conditions for example: diabetes, high blood pressure, asthma, mental conditions like depression, anxiety. This is just some of the most common ones. She would need to provide a letter from a doctor explaining the condition she has. Additional things they can provide (not as important as medical but helpful) would be proof that the wife and children depend on your brother financially. Provide tax returns and W-2 for the last few years to prove what he earns along with list of all bills and copy of bill statements to show what they have to pay. If either one of them are going to school or will be going to school, that should be mentioned also.

This will help his chances but it's important that the explanation be written well.

Good luck to you during this process and I hope this answer has helped you!

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