Friday, October 7, 2011

Waiver appointment, and the longest week and a half or my life.

Much of my case was built around what is known as a hardship waiver. My wife was petitioning for me as a U.S. citizen, but because I had entered the country illegally I was subject to a ten year ban. To get around this ban you are required to submit a hardship waiver packet. 

We built our waiver on several different aspects, but the biggest one was my wife's health issues. We had to present these issues, and why it was important for her to have me around. We also made a point to say that she had to be in the U.S. for treatment of these ailments, and because we could not get used to life in Mexico. They can say that your spouse can move with you to another country, so you have to build a case that shows that both of you need to stay in America.

There are many ways to go about building a hardship case. Some people use their, or a good job, or debt, family problems, emotional problems, or any circumstance you can imagine. This is where our attorney really helped us. She aided  us in building a case, and making the waiver packet which included affidavit letters, medical records, bills and other documents that show that you are living together as a couple.

The affidavit letters are very important. They are written, by friends, family member, and co-workers. It should be people that know you very well, and that can attest to how difficult it would be for your spouse to live without you. These letters are not letters of recommendation, which is a common misconception. The immigration officers that are deciding your case don't really care if you are the nicest person in the world, or if everyone really likes you. Their "concern" is for the American citizen who would suffer if you were not around.

Another important aspect of the waiver is the financial aspect. Basically, they do not want you to be a burden on the government, by being on food stamps, or welfare or whatever. You have to prove that you are a certain percentage over the poverty line. If you do not meet this standard you have to get a sponsor. This is someone who can support you in the event that you cannot get a job or if you lose your job.

All of these things are out in a packet that you turn in several weeks after your interview appointment. Before I left for Mexico I was under the impression that my waiver appointment would not occur until the end of May. That would put my return to the U.S. sometime in June at the earliest. I was prepared for this, and I packed accordingly. Everything but the kitchen sink, as they say.

Several days after my interview appointment my lawyer contacted me to inform me that they were able to schedule an appointment much sooner that we anticipated. It was set for April 18th, which was only two weeks after my interview appointment. This was pretty much unheard of. There were people in Juarez that had been waiting for their appointment since January. They didn't believe me, even after I showed them the e-mail from my lawyer. Everyone that I talked to was surprised that I had gotten in so soon after my interview.

I had no explanation for them, but I knew that back home people were praying for me and my situation. I also knew that my legal team was working hard on my behalf. I was just thankful that things were going well for me.

I went to my appointment early on a Monday morning. I had my waiver packet with me as well as my Mexican Passport. I went through the same security line as the first time, and I made my way to the infamous waiting area to wait my turn. I had my number, so I did not look away from the screens so I would not miss my turn.

When my number came up, I made my way to the assigned window. This line was to pay the waiver fee. It cost me five hundred and eighty five American dollars to file the waiver. This was before I even knew if they would grant the waiver, or not. I had a scary moment here because for some reason their machine would not read my debit card. I had a similar thing happen to me at the Mexico City Airport, so this made me very nervous for a minute. Fortunately he was able to run my card manually.

After I paid the man I sat back down in the waiting area to wait for my number to be called up again. I had given him the waiver packet as well. My number came up again, so I walked to a different window, and spoke to yet another immigration official.

This interaction was fairly short and simple. He had my packed, and some notes from my interview. He went over some of the questions with me, mostly about any run ins with the law. I didn't have any problems there, so I gave him my passport and I was done. They take your passport so they can print a visa inside of it if your waiver is approved.

Whether your waiver is approved or denied you have to pick up your packet at a designated DHL branch. To get into the branch you needed a government id. My Oregon driver's license had expired so that is why I had to get a Mexican driver's license while I was in Hidalgo.

After turning these things in to the official he told me that someone would review the documents, and that I would hear from them in the next few days. This meant going back to the hostel, and waiting it out there. I was not looking forward to that.

My waiver appointment was on a Monday. I was hoping to hear from them by the end of the week, and maybe be home by the weekend. It did not happen this way. That weekend was Easter, and because Mexico is a Catholic country they observe the holiday by shutting down on Thursday and Friday. This included the U.S. Consulate. Unfortunately, this set me back two days.

I waited from Monday the 18th to Wednesday the 27th. That was the longest week and a half of my life. The hardest part was not knowing whether I had been approved or not. Being away from my family was also becoming more and more difficult. Everyday people asked me if I knew anything yet, and I could sense that they were getting as impatient as I was.  I was also battling boredom, malnourishment, and people taking my things from the refrigerator.

Speaking of malnourishment, I have to say that one semi-positive aspect about this week was that I lost some weight. Mostly because I didn't want to cook while I was at the hostel. Most of the food I bought was bread, instant soups, and granola bars. When I bought ham to make sandwiches, someone else ate it. So one day I took a walk down the street to a place that sold whole roasted chicken, and I bought one. After a few days of no protein, I ate the best chicken I had ever eaten. It seemed that way to me at least.

Even though that week that I waited for my packet seemed to stretch on forever, there are people that have to wait much longer than I did. I met a couple that had been there since the beginning of the year. Another friend waited for another month and a half after his waiver appointment. It was a long month, but looking back I am thankful that it didn't take any longer than it did.

When you turn in your packet, they give you a tracking number that you use to track your packet online. My wife was checking this number several times a day. I would sit in my room, eating reading, watching tv or sleeping, and I would wait to see if anything had changes.

I have to admit that there were a few moments of desperation during my wait, especially during the weekend. when Wednesday rolled around I had sort of relaxed and accepted that I was going to have to wait. I woke up and followed my normal daily routine of doing nothing. Then my wife called me. I knew as soon as the phone rang what it was for. The packet was in. It was  ready for me to pick it up.

I went out and found the driver to tell him that I needed to be driven to the DHL branch. He said, "Let's go right now." Even though I didn't know what news the packet had, I felt that I was close to going home. He seemed very optimistic, and that made me feel confident.

It was late in the day so they were pretty close to closing for the day. I presented my i.d. at the door, and I walked inside. I made my way up up to the counter, and I gave the clerk my routing number. He looked up some information on the computer, and he walked to a back room. He came back out holding a large DHL envelope.

I could tell that it was a thick packet, which I heard was a good sign. Thick packets mean that your visa was approved. A thin packet would be a rejection notice.  He set it on the counter, and on the top of the pile was my Passport, open to show a visa printed on the inside. I had been approved. I was going home.

He gave me some instructions about what I had to do with the visa and the packet. I had to go to a border crossing, which was indicated on my packet, and have my visa stamped by a Homeland Security officer. I would give him my packet which had various forms that had to be sent out for me to receive a Social Security number, a green card, and for Selective Service registration. I would then be allowed to enter the United States as a Permanent Resident.

Sample photo. Not my visa
Because it was so late in the day, the driver suggested we head back for the night, and that I should leave early the next morning. The border crossing gets really busy during the evening, and it would be hours before I got my passport stamped. So we made our way back to the house where I began packing and cleaning my room. I called my family, and told them the good news. I was going home.

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