Asked in Immigration Law

Q: how should I get the approval of an "extreme hardship" waiver. ??? where to go? what application?

Related Topics:
1 Lawyer Answer

A: You would usually need to submit a form I-601 or an I-601A depending on why you need a waiver.

You may be eligible to file for a waiver of certain grounds of inadmissibility based on the extreme hardship your qualified relative will experience if you are not admitted to the United States. According to a policy that U.S. Citizenship and Immigration Services (USCIS) adopted in 2016, your waiver will be approved if you can provide strong evidence that your relative will experience extreme hardship either in the U.S. (if you were not allowed to come to or stay in the U.S.) or in your home country (if your relative follows you there).

You can, if you wish, prove that your relative would experience extreme hardship in both potential situations. But if only one situation would cause extreme hardship, be prepared to prove that that is the one you and your U.S. relative would choose.

Also keep in mind that the qualifying relative does not have to be the same one who petitions for you to immigrate. For example, someone immigrating to the U.S. based on marriage to a U.S. citizen could apply for the waiver based on hardship that her U.S. citizen mother would face.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.