All You Need to Know About the Immigration Hardship Waiver

You can file an Immigration Hardship Waiver to petition the U.S. Citizenship and Immigration Services (USCIS) to allow you to stay in or enter the country to take care of an immediate family member who is legally allowed to be in the U.S.

This waiver applies if your family member cannot provide for themselves and would suffer “extreme hardship” if you were not allowed in the country. A Phoenix immigration lawyer can explain all you need to know about the immigration hardship waiver. They will help you file an extreme hardship waiver, providing guidance and support throughout the process. 

What Is a Hardship Waiver for Immigration?

An extreme hardship waiver is a legal provision that allows certain individuals to seek relief from immigration consequences that would otherwise result from their actions or circumstances. The primary purpose of this waiver is to allow applicants to avoid removal from the United States or to overcome inadmissibility due to specific grounds, such as criminal convictions or immigration violations.

The hardship waiver acknowledges that some individuals may face extreme difficulties if they are denied entry or forced to leave the country. This could include emotional, financial, or medical hardships affecting the applicant or their family members, particularly U.S. citizens or lawful permanent residents.

An Extreme Hardship Waiver Provides for an Adjustment of Status

By permitting a waiver, immigration authorities recognize that the negative impact of deportation or denial may outweigh the grounds of inadmissibility. 

In essence, the hardship waiver serves as a mechanism to balance the enforcement of immigration laws with compassion for individuals facing genuine difficulties, allowing them to remain in the U.S. and avoid family separation under certain circumstances.

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Who Qualifies for an Immigration Hardship Waiver?

The immigration hardship waiver is another chance for those who’ve been denied an immigrant visa, permanent residency, or another immigration status change. In general, if you’ve been deemed inadmissible, meaning you’re not admitted to enter or stay in the U.S., you may be able to file Form I-601 or Form I-601A.

Here are some of the qualifications for an Immigration Hardship Waiver:

• Applying for an immigrant visa, K visa, and nonimmigrant V visa
• Found “inadmissible” during your immigration/visa interview
• Applying for Temporary Protected Status

The must-have qualification for this waiver is to have at least one relative in the U.S. (or who has been granted entry into the U.S.) who relies on you financially. If this person cannot take care of or provide for themselves, you can use them as a claim for your waiver application.

Alternatively, you may be able to petition for a loved one to come with you to the U.S. if they suffer extreme hardship where they are and you came to the U.S. without them. An immigration lawyer can explain more about who qualifies for an immigration hardship waiver and determine if you meet these or other qualifications.

Differences Between the I-601 Waiver and the I-601A Waiver

The main difference between these two immigration forms is where you’re located at the time of your application. An experienced immigration lawyer can determine whether you should file the I-601 Form or the I-601A Form. 

Form I-601

Form I-601 is the application for a Waiver of Grounds of Inadmissibility for those applying from a foreign country. You must file this form to apply for a waiver of inadmissibility, attend another consular interview in your home country, and wait for the USCIS to render an extreme hardship determination.

Waivers of Inadmissibility apply for people seeking entry into the U.S. to help loved ones suffering from health conditions or financial difficulty. For example, you may need to provide medical care for a sick family member, such as an elderly parent, who would face extreme hardship without your assistance. 

Form I-601A

Form I-601A is the application for the Provisional Unlawful Presence Waiver. This type of waiver is intended for those who are currently in the U.S., have stayed without proper authorization, and are applying to stay in the country temporarily while waiting for approval to get a visa or legal status.

Essentially, you file this to remove the three- or ten-year bar on your entry due to living in the country without proper authorization. 

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How the USCIS Defines “Extreme Hardship”

The USCIS and the immigration system define “extreme hardship” as a hardship that would be much worse and more challenging than the relative would experience if you were with them. In other words, it means that they need you to survive, stay healthy, have a roof over their head, get food, and more.

A lack of emotional support, homesickness, and similar challenges don’t count as “extreme hardship.” No laws establish what extreme hardship is; it can vary from applicant to applicant. That’s why the USCIS reviews the specific circumstances of each waiver applicant.

You may be able to use the following extreme hardship factors as grounds for your waiver:

• The relative has a medical condition that they cannot manage on their own.
• The relative relies on you financially, and you won’t be able to support them financially if you are living abroad.
• The relative has U.S.-based debts that you help them manage and pay.
• The relative needs your help to take care of another loved one who is ill or incapacitated and requires medical treatment.
• The relative cannot afford childcare and needs you to provide childcare for them.
• The relative has been diagnosed with depression as a result of their immigration process.

Winning a hardship waiver is not easy, but an attorney can help you provide strong evidence for your application. 

How to File an Immigration Hardship Waiver Form

If you were deported from the U.S., you must submit Form I-601 with a completed Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal. If you’re filing Form I-601A, you should not send it with any other applications.

Include relevant evidence to prove your argument, such as:

• Official reports or news articles on human rights violations or other dangers in your home country as they relate to why you’re petitioning
• Medical records and official doctor’s notes if your argument is medical
• Financial documents, like tax returns, income statements, or debt statements

Don’t send original copies of evidence, as they may not be returned once they reach the USCIS. Pay the filing fee. Form I-601 costs $930, and Form I-601A costs $630. You may also need to pay additional fees for biometrics and other services related to the application process.

Our Immigration Lawyer in Phoenix Can Help You File an Extreme Hardship Waiver

An experienced immigration attorney from New Frontier can help you gather evidence, build an argument, and help you complete your extreme hardship waiver application. We can also explore all of your options, whether you’re approved or denied.

Contact our office to schedule a consultation. We can explain more about what a hardship waiver for immigration is and how our lawyers will be able to help.