The I-601 hardship waiver is a document that removes obstacles that block an individual from obtaining a visa or green card, as well as from being legally permitted to visit the U.S. It is also commonly known as an “extreme hardship waiver.” The term “hardship” is a legal term that calls attention to the requirements that an undocumented immigrant must meet to prove that their relatives would suffer from an extreme hardship if they are forced to leave the U.S. or if the immigration waiver is denied.
The I-601 Hardship Waiver is incredibly helpful for immigrants to get past certain restrictions placed on the evidence in their immigration case, specifically if such evidence is admissible during court proceedings. Immigration law grants inadmissibility to a select pool of immigrants who either can’t immigrate to the U.S., are barred from applying for adjustment of immigration status while in the U.S., or are making a brief visit to the U.S.
Types of I-601 Waivers
The complete list of hardship waivers that qualify an immigrant for legal status is too lengthy to be officially documented into immigration law. However, there are three I-601 waivers that are commonly considered in most immigration cases
Each waiver is classified as a hardship waiver, however eligibility for each different type of waiver changes. There are also additional circumstances in which an I-601 Hardship Waiver would apply to that aren’t covered on the above list. For more information about meeting the eligibility requirements to obtain an I-601 Hardship Waiver, contact Johnson & Masumi online to discuss your case with our immigration attorneys. We will help you find a solution by obtaining the best type of hardship waiver to your unique situation.
I-601 Hardship Waiver Qualifications
There are currently two standards set by immigration law that qualifies an individual for an I-601 Hardship Waiver. Applicants must meet at least one of the two requirements to qualify. These are:
- The immigrant must prove that a family member would suffer from extreme hardship if the waiver is not granted; OR
- The immigrant must show that he or she is under individual conditions that would be acceptable under the discretion of the USCIS
Establishing whether you are eligible to qualify for an I-601 Hardship Waiver is difficult without complete and detailed knowledge of federal immigration law. Because of the complexity of the process, it is important to consult with an experienced, licensed immigration attorney who can handle your case.
Defining Qualifying Relatives
Immigration law and enforcement does not group all qualifying relatives in to one category. They are determined to be “qualifying relatives” depending on the type of waiver that is pertinent in the specific case.
Unlawful Presence Waiver
Qualifying relatives in this waiver are defined as American citizens or permanent resident spouses or parents. Relatives that are not considered as qualifying relatives on this list are: uncles, aunts, brothers, sisters, children or other relatives.
Family members such as parents or spouses who are United States citizens or permanent residents are considered qualifying relatives for this waiver. Children, siblings or other relatives are not considered qualifying relatives under this waiver.
Criminal Conviction Waiver
Under this waiver, qualifying relatives are defined as children, parents or spouses who are American citizens or legal permanent residents. Siblings or other relatives are not qualifying relatives under this waiver.
Defining “Extreme Hardship”
Immigration case law defines extreme hardship as a technical term that must involve certain circumstances of immigration. With the help of a licensed immigration attorney, it can be determined whether your case falls under the definition of facing an extreme hardship.
Qualifying For Extreme Hardship
An immigrant must fully demonstrate that their relative who qualifies under the stipulations of the particular waiver they are petitioning for would suffer a hardship that is more extreme than their level of hardship they would experience with any family separation. Proving that a qualifying relative would suffer financial hardship is not a conclusion that an undocumented alien can rely upon when attempting to demonstrate hardship. Only by demonstrating emotional trauma or separation anxiety of the qualifying relative does not suffice for evidence of extreme hardship.
Focusing On Qualifying Relatives
A potential immigrant must demonstrate that their qualifying relative will likely encounter extreme hardship if both themselves and their family are forced to be separated for an extended period of time. An attorney should also demonstrate that extreme hardship would be suffered if the foreign national were forced to relocate back to their home country with a qualifying relative. USCIS only takes into full account the hardship suffered by an undocumented immigrant’s qualifying relatives as a result of being denied a waiver. The issue is not about the foreign national’s hardship but only that of the qualified relative.
Applying For The I-601 Hardship Waiver
It is vital that you fully understand the entire hardship waiver application process and the important points that must be proven in the legal proceedings that will determine whether your I-601 Hardship Waiver case will be successful. To learn more about the I-601 Hardship Waiver or to get assistance in determining your eligibility for this specific waiver, contact Johnson & Masumi, PC. We are eager to guide you every step of the way through the legal process of obtaining an I-601 Hardship Waiver.