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3 common questions about hardship waivers

On Behalf of | Jan 24, 2024 | Family Immigration |

Certain immigration violations or criminal offenses make you inadmissible to the United States. Despite that fact, you have options. A hardship waiver might be the solution you need. They provide an opportunity for foreign nationals with loved ones in the U.S. to gain legal status.

There are a few common questions about these waivers.

1. What is a hardship waiver?

A hardship waiver allows for legal permanent residency despite past immigration violations or criminal offenses. To qualify, you must prove that your U.S. citizen or permanent resident spouse, parents or children would experience extreme hardship if they deny you admission. Hardship factors can be health, financial, educational or emotional.

2. Who qualifies for a hardship waiver?

Hardship waivers apply to specific situations. You may qualify if you are the spouse, parent or minor child of a U.S. citizen or permanent resident and you can prove extreme hardship. Other relatives may also qualify in some cases. You must have a qualifying relative who is a U.S. citizen or permanent resident to apply.

3. What is the application process?

You need to file Form I-601 or I-601A with U.S. Citizenship and Immigration Services. You will need documentation such as tax returns, medical records and letters from employers or community members. An interview is sometimes required as well.

Immigration issues are emotional for families. Hardship waivers provide an important second chance for foreign nationals with U.S. citizen family members. With strong evidence of a hardship, many applicants gain permanent status despite past mistakes.


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