“Extreme Hardship”: Immigration Waiver Breakdown

WHAT IS AN EXTREME HARDSHIP IMMIGRATION WAIVER?

Understanding “Extreme Hardship” immigration waivers is important for those that are undergoing potential deportation or inadmissibility. For example, the I-601 waiver is for deportation or barred entry and the I-601(a) is the provisional unlawful presence waiver. Each waiver has its own criteria and understanding the requirements of each is essential for a successful application. These waivers offer a pathway for individuals to adjust their status and potentially secure a green card despite being currently in the U.S. unlawfully. 

“Extreme Hardship” means that an immigrant’s loved ones would experience great adversity if their immigrant relative is not permitted to remain in the United States. The applicant must be able to show that denying their immigration waiver would result in extreme hardship and suffering to their close family members that are U.S. citizens or lawful permanent residents. 

WHO ARE QUALIFYING FAMILY MEMBERS?

For the I-601 waiver, the applicant’s family members include U.S. citizen/lawful permanent resident spouses, parents, or children who can demonstrate that they would endure an evident level of hardship due to the applicant’s absence in the United States as they strongly depend on their presence. On the other hand, the I-601(a) waiver only includes the immigrant relative’s U.S. citizen/lawful permanent resident spouse and parents. 

HOW CAN I PROVE EXTREME HARDSHIP?

Evidence to demonstrate extreme hardship can include detailed medical reports showing that a family member cannot receive necessary health care abroad, proof of financial dependency that underscores the economic impact of separation, or psychological evaluations highlighting emotional distress. This evidence greatly contributes to the hardship claim and can help make an applicant’s case stronger. 

There are other hardships that a qualifying relative could endure if the applicant is obligated to depart the U.S. Hardships may involve various factors, such as the need for the qualifying relative to leave the U.S. to accompany you or they would be living in a country currently experiencing a civil war or frequent political disturbances. Moreover, other hardships could be that the qualifying relative would be the primary caregiver for an elderly, disabled, or ill family member, face significant disruptions and obstacles in education, lose employment opportunities, etc.

CONTACT AN EXPERIENCED NEW YORK ATTORNEY TODAY

If you or someone you know is at risk of deportation, or struggling with the complexities of the immigration system, reach out to Rahimi Law Firm P.C. for a free consultation. Our attorneys stay updated with the latest immigration regulations and procedures, offering you the best chance to remain in the U.S. Contact us today to find out how we can assist you with your immigration needs.