How to Show Extreme Hardship for the I-601 Waiver Process

In case you are applying for your green card you might come across the frustrating hurdle of inadmissibility. This signifies that in spite of meeting the essential eligibility requirements you have some of the characteristics that are present on the list of grounds for inadmissibility in Section 212 of the I.N.A. or the Immigration and Nationality Act.

However, in some situations which immigration lawyers are quite familiar of, those who are found inadmissible might apply for a waiver via Form I-601, requesting the USCIS or the United States Citizenship and Immigration Services for a waiver of inadmissibility and to grant him/her a green card.

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Grounds for inadmissibility:

•  Committed certain crimes
• Committed fraud to get immigration benefit/s
•  Possibility of becoming a public charge
• Overstayed in the US illegally for six months or more

All grounds for inadmissibility cannot be waived. To know more about this, you need to consult an immigration lawyer for a personal analysis, as well as a description of the precise requirements of the waiver.

Extreme hardship waiver

Any hardship the immigrant might experience, in case of his/her green card being refused, is generally disregarded by US immigration laws. Therefore, to acquire a waiver, the immigrant should indicate a blood relationship with anyone of the following who are legal permanent residents or US citizens.

• Spouse
• Parent
• Son/daughter
• Fiancé

How bad "extreme" hardship can be?

If you were refused a green card the very thought of being  separated from your family and bearing the cost of travel as well as maintaining two distinct homes can be daunting. However, financial inconvenience and family separation alone might not be seen as causing extreme hardship. In fact, a lot of other immigrants who have been denied a green card and/or immigration benefits face similar situations. In other words, your own hardship will not be considered as extreme, if there is not something that is a lot worse than what is faced by the other immigrants in a similar situation.

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Therefore, it is prudent to think about different situations where your qualifying members could face medical or health issues if you were separated or if a family member was required to locate to your home country and face hardships such has loss of educational or job opportunities, any likelihood of threat or physical harm, or other related issues. Your immigration attorney can throw more light in the matter.

Types of evidence that shows extreme hardship

By simply claiming that your family would undergo extreme hardship without you is not a ticket to obtaining a waiver. Instead, you need to present well-documented evidence that can support your reasons and claims for requesting for a waiver. This includes:

• Affidavits from friends or professionals who know well, your particular family situation
• Police as well as other reports indicating the conditions prevailing in your own home country
• Medical records and reports, accounts of the possible availability of medical treatment and care, in the country where you have to relocate to
• Any other proof that indicates the unique shock of either separation or relocation, on the members of your family

Due to the many complicated factors mentioned above, the only recourse is to hire a steady and vigorous immigration lawyer right away.