Who Qualifies for an Immigration Hardship Waiver?

Obtaining a visa or green card in the United States can be difficult. There are many grounds for inadmissibility outlined in immigration law, which will keep you from legally remaining in the country. If you are deemed inadmissible, there are numerous waivers that you can request which can help you gain eligibility for U.S. citizenship. One such waiver is the hardship waiver.

At New Frontier Immigration Law, our attorneys can help you with your immigration hardship waiver so that you and your family can remain in the U.S. legally. We can discuss your options with you and help you determine how best to move forward with your process. When you need an immigration hardship waiver, our Phoenix immigration attorney can help.

What Is a Hardship Waiver?

A hardship waiver is a form you fill out when you are denied residency in the United States. The form describes how your being admitted to the country will benefit a U.S. citizen and prevent them from enduring hardship.

To obtain consideration for a hardship waiver, you must prove that being denied admission into the country would create circumstances greater than the common consequences of denial. 

As defined by the United States Citizenship and Immigration Services (USCIS), common consequences are:

• Family separation
• Economic detriment
• Ability to pursue employment
• Inferior medical services
• Worse educational opportunities
• Difficulty adjusting to life

For a free legal consultation, call (623) 742-5400

Will My Hardship Waiver Be Accepted?

Though common consequences will not allow you to qualify for a hardship waiver, many factors are considered when determining your citizenship. Certain consequences may seem common, but when they are more carefully explored, it becomes clear that they are more than that.

Family Ties

While family separation would not constitute a hardship waiver, there are certain family ties that would be considered a hardship. If you need to care for children, disabled adults, or elderly relatives who are U.S. citizens, then your hardship waiver may be accepted.

Your hardship waiver must prove that by obtaining residency, the lives of those you seek to help will be spared hardship because of your presence.

Social and Cultural Impact

Social and cultural impact accounts for:

• Fear of societal discrimination
• Access to the U.S. criminal justice system
• Access to quality education and job opportunities
• Difficulty adjusting to country of relocation
• The extent to which one has integrated into U.S. culture

Some of these considerations may seem like common consequences, which is why the severity of the negative impact will be considered. 

For instance, if your child has lived their entire life in the United States, they have integrated into society, and they are pursuing education, then it could be determined that they would suffer extreme hardship if they were to be relocated to another country.

Economic Impact

Economically, the hardship waiver accounts for:

• Property
• How a family is provided for
• Cost of health care for family members
• A decline in the standard of living in the country of relocation

If it is determined that by not allowing admission into the United States, the economic impact would be severe on those who are already U.S. citizens, then extreme hardship may be considered.

Health Conditions and Care

Health conditions and care refer to:

• Any medical treatment that the U.S. citizen must obtain
• The psychological impact of the separation of the person seeking citizenship and the U.S. citizen
• Trauma associated with the country of relocation

For any of these situations to qualify as a hardship, it must be determined that the health conditions and care would be significantly worse in the country where the U.S. citizen would be relocated.

Country Conditions

Civil unrest, natural disasters, and U.S. military operations in the country where the U.S. citizen would be relocated are all considered when determining hardship. If it is determined that you and your family would not be able to live safely in the country for any of these reasons, then your hardship waiver may have a better chance of being accepted.

Contact New Frontier Immigration Law Today

Whether or not your hardship waiver is approved will be determined on a case-by-case basis. To give yourself the best chance of having your waiver approved, you must ensure that you adequately explain all of the factors that will make the life of a U.S. citizen easier by you being present. Filing this form correctly can be the difference between being with your loved ones or being inadmissible.

To ensure that your waiver gives you the best chance to be admitted to the U.S., you can seek legal assistance. At New Frontier Immigration Law, we can help you fill out your hardship waiver, ensuring that you are focusing on the most important details. For a free case evaluation, contact us today.

Call or text (623) 742-5400 or complete a Free Case Evaluation form