How to Gather Evidence of an Extreme Hardship for Form I-601

The Application for Waiver of Grounds of Inadmissibility, Form I-601, requires an applicant to demonstrate that if he or she is refused entry, a qualifying individual closely linked to them will suffer an extreme hardship. USCIS considers a fiancée who is a U.S. citizen or a spouse or parent who is a U.S. citizen or lawful resident to be a qualifying individual. The evidence that the applicant provides should focus on the needs of the qualifying individual.

Form I-601 guides the applicant to explain why the qualifying individual would suffer an extreme hardship if the qualifying individual relocated to live with the applicant. When gathering evidence for Form I-601, applicants should think of collecting documents mentioned elsewhere in the form. Two relevant examples are medical records and affidavits from the applicant and other individuals in support of the applicant’s application.

Applicants should also gather evidence that establishes the close relationship between the applicant and the qualifying individual. Examples include a marriage license, adoption records, or a birth certificate. Applicants may provide proof that the qualifying individual has ties to the U.S. and outside the U.S. When relevant, applicants should draw up a budget, gather bank records or records of valuable assets, and request wage statements from employers. These documents reveal the financial situation of the qualifying individual.

Applicants may also gather affidavits that show how a departure and continued separation would negatively financially affect the qualifying individual. If the qualifying individual needs assistance because he or she has severe health problems, the applicant should gather affidavits from a doctor, psychologist or therapist, and family member of the qualifying individual. These affidavits will clarify how a departure and continued separation would cause the qualifying individual’s health to decline.

When relevant, applicant should gather affidavits, reports, or statistics that show how economic and social conditions in the country to which the qualifying individual would relocate would cause the qualifying individual to suffer. In addition, the applicant should also attempt to document how the technical skills of the applicant and qualifying individual would be unlikely to benefit the qualifying individual outside the U.S.

When applying for a hardship waiver our office reviews all of your documentation and evaluates the most relevant documents that should be included with your I-601 application. It is also important to provide a compelling declaration and legal brief depending upon the nature of your case. Contact our office at 415-986-6186 to learn about your hardship waiver options.

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