Filing Unlawful Presence Waivers (form I-601A), Demonstration of Extreme Hardship

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What papers do I need in order to file my unlawful presence waiver (form I-601A)? How do I show my extreme hardship to USCIS?

Previously, we discussed the basic requirements for the USCIS (U.S. Immigration) provisional unlawful presence waiver (form I-601A). This is a waiver that can be used by individuals who

  • entered the U.S. illegally
  • are immediate relatives of U.S. Citizens.

A U.S. Citizen can file in the immediate relative category for their spouse, parent (the U.S. citizen must be over 21), or their unmarried minor child. This waiver became available in March of this year.

In addition to the basic paper work (certificates, etc.) you will need to establish “extreme hardship” to your qualifying relative (your qualifying relative will either be your U.S. Citizen spouse or U.S. Citizen parent.)

How Extreme Hardship Works

Hardship can be financial and emotional. The types of paperwork you’d need to prove financial hardship can include proof of income and expenses. The types of paperwork that you’d need in order to prove emotional hardship can be your statement and a statement (letter or evaluation) from a:

  • psychiatrist
  • psychologist
  • counselor
  • therapist
  • religious official
  • mental health professional

How Ranchod Law Can Help You

If your qualifying relative has a health problem we could include a doctor’s note and medical records. We could also argue on your behalf regarding the quality and availability of medical services in your home country.

We will also argue on your behalf regarding your ties to the U.S., for example, employment, educational, community, and all family ties. We could also emphasize the length of time you’ve lived in the U.S. We will research and argue the negatives of returning to your home country, fears, lack of opportunity, lack of access to necessities like food, clean water, work, school, and medical services.

If you have a child with special needs, whether educational or mental, we could argue how those special needs would result in extreme hardship to your qualifying relative in your absence.

Each case is unique and has a variety of special facts which should be emphasized. During your initial consultation with us we can discuss the strengths of your particular case and the types of papers that will best highlight those strengths (affidavits, letters, check stubs, income tax returns, bills, other financial records, medical documentation, school records and certificates etc.)

Since March, Ranchod Law is proud to have filed numerous unlawful presence waivers. Additionally, prior to March, we successfully argued extreme hardship for a variety of other immigration cases. We look forward to utilizing our experience to benefit your case.

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