Can the beneficiary of an I -130 filed by USC son establish hardship for 601 fraud waiver purposes if the QR spouse dies before the waiver is filed? Jurisdiction: NY

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I thought immigration was federal - so jurisdiction doesn’t matter

2d cir case law would be helpful 🙂

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What is the relevance of the QR spouse to the waiver? There isn’t. Focus on the beneficiary.

The basis of the 601 is demonstrating extreme hardship to a qualifying immediate relative. I haven’t researched this specific issue but I imagine no they are not eligible for waiver bc they don’t satisfy the threshold criteria.

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