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Wednesday, November 23, 2011

US university degree not favorable?


In today's chat with Laurel Scott she was asked whether a US university degree was favorably looked at and she said that it is usually not.

This is a bit surprising and a little depressing...

I had a consultation with Laura Fernandez this week and she said that it was a good mitigating factor....
So, I don't know what to think now...I'm sorry, I just wanted to share my thoughts

I just wanted to clarify for other readers - californiadreamin' is referring to a US university degree held by the intending immigrant, and whether this would be a favorable factor on the waiver.

Personally, I would say it's tricky. Like Laurel said, maybe they would question how the person financed the degree. But regardless of that, it might come down to how you present it in the waiver. Generally, good moral character doesn't really factor into waiver decisions on unlawful presence I-601s (only criminal waivers). Strong I-601 arguments really are about hardship to the US citizen, not the potential contributions/character of the intending immigrant. However, if you could somehow spin the degree into a hardship for the US citizen (are they paying off loans that financed the degree? Does the degree allow the intending immigrant to work in a job that is supporting the US citizen?), I guess I could see it being a hardship argument. No matter what, Laura is a really excellent lawyer, so if she sees something in it, then she'd be the one I'd want preparing my waiver.

Also keep in mind that each case is different, so what may be a great mitigating factor for one may not be for another. A lot of times when comparing cases you're really trying to compare apples to oranges, which is why so many of us continually state that if you have questions to consult with an attorney. There are just too many variables that play a factor.

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