Hardship waiver eligibility.

If I were to petition for my husband, I would attempt to file a hardship waiver so that he could adjust his status and be able to stay in the country. Here's the situation:
We have a 6 month old daughter, he is the primary caretaker for her. I work full time and I am a full time student. He works part-time and attends 2 classes a semester because that is all we can afford. We rent our own apartment and even without him working I can afford it and the bills but only with him taking care of our daughter while I work and attend classes. If he were to go back to Mexico I would have to pay for child care. I have gotten quotes from daycares and home based caregivers. Daycare while I work would run $950/mth and home based care would for my classes would be $400/mth. Basically I would have absolutely no money for food, bills, or an apartment after paying my car payments that I need to pay for transportation to work and school. My entire family works too so they wouldn't be able to help me with child care.

Would this possibly qualify?

If you can get quotes from Daycares on paper and you can prove you guys' incomes, yes. Even then... separating a 6 month old child from her parents should be enough(in human terms, I don't know about if the law would see it that way).

Have you tried consulting a lawyer? I just consulted one about my situation and I wasn't charged anything. I think he was going to charge the initial consultation when I filed with him.

We haven't talked with a lawyer yet. We are going to soon though. We're young enough to wait it out for DA awhile longer but with our daughter here now I just want to try to fix it before anything happens to where he has to be away from her.

Don't quote me on this, but when I spoke to a lawyer a few years ago, I was told that the hardship waiver is extremely hard to get because it can't just be a financial problem or something like that. I'm also pretty sure your reason has to include why you can't go to his home country and live there.

I remember reading a site that rated reason from best to worst but I can't seem to find it. I did, however, find this site with approved hardship letters. So this may give you a better idea of the difficulty in using this method.
http://discuss.ilw.com/eve/forums/a/...?r=10110240141

Definitely get an experienced lawyer -- look up someone who specializes in hardship waivers, has a history in getting them passed, and will only take you on as a client if you have a chance of having it be approved.

go to immigrate2us.net and also contact a lawyer

Well I'm in college and in a nursing program. Wouldn't that be reason for me not to be able to move?

Exactly, the hardship waiver is really hard to get. I think you will need more than that. I talked to a lawyer a couple months ago about the waiver and he wasn't too confident about my situation clearing the waiver. My girlfriend is a USC about to enroll in a graduate program and her parents have been diagnosed with harmful diseases that need medical assistance as well as mental. Her grandma is almost 100 years old and if she were to leave, she might not see her anymore. We don't have children but we are planning on having some in 2 years. You have the educational aspect on your side, but you will need more than that.

My opinion is that you go for it, I believe you have more than enough arguments to have your waver be accepted. I tell you this because I've known more than one person that I trust that has gone through this process with less arguments than you. Of course there is always a risk of being denied, be sure to have a plan B in case this happens, but I think the odds are in your favor of being accepted. One of the MOST important things though is that you make sure to get an experienced lawyer who knows what they are doing, I think that's the most essential part.

I'm sorry, but I don't think that your case qualifies for hardship waiver.

In your case, the law dictates that you and your husband need to have EXTREME HARDSHIP (not just hardship). Your cases doesn't sound like extreme hardship to me.

Keep this in mind, in order to qualify for extreme hardship, you have to be able to answer the following question convincingly:

"Why can't you move to your husband's native place with him?"

If your husband is deported, you always have the option to move with him to his native place. Why can't you do that? If you can answer that question convincingly, I think you'll qualify for EXTREME HARDSHIP. Btw, language barrier doesn't qualify under "extreme hardship".