Starting March 4, 2013, eligible individuals can apply for the new I601a Waivers.
This Waivers will allow certain immediate family members of United States citizens who are in the process of obtaining a visa to obtain a provisional unlawful presence Waivers prior to leaving the U.S. This will allow these individuals to attend their immigrant visa interviews abroad, without having to worry about a potential three- or ten-year bar to reentering the United States.
Proving Extreme Hardship
Unfortunately, the USCIS does not define precisely what exceptional hardship means. Nor have courts specifically defined the term through case law. Instead, the Board of Immigration Appeals has noted that extreme hardship (also know as
- Separation of parents from their children
- Loss of employment
- Uprooting of the family
- Loss of residence
should not be considered as “extreme” contrary to common understanding.
Matter of Pilch, 21 I&N December 627 (BIA 1996), held that emotional hardship caused by severing family and community ties is a common result of deportation and does not constitute extreme hardship. In addition, Perez v. INS, 96 F.3d 390 (9th Cir. 1996), held that the common results of deportation are insufficient to prove extreme hardship and defined extreme hardship as hardship that was unusual or beyond that which would normally be expected upon deportation. Hassan v. INS, supra, held further that the uprooting of family and separation from friends does not necessarily amount to extreme hardship but rather represents the type of inconvenience and hardship experienced by the families of most aliens being deported. The Administrative Appeals Office (AAO) recognizes that the applicant’s spouse and/or children would likely endure hardship as a result of separation from the applicant.
So when the USCIS reviews your application for an I-601A waiver, it will review all the circumstances of your family situation and any supporting evidence you provide to support the application.
Some factors the USCIS considers when determining extreme hardship can include:
- Health. Any ongoing or specialized health concerns may be considered. This is especially true if medical care is not available in the foreign country.
- Finances. Financial concerns such as possibly losing a business or your employability may be factored. In addition, the agency may consider your contributions to care of family members in the U.S.
- Education. Any disruption of your education may be considered.
- Personal Ties. The length of time you stayed in the U.S., your community ties, and the number of close relatives you have in the U.S. may all be relevant.
- Other Factors. The USCIS may also consider other factors like any fear of persecution in your home country, cultural considerations, and any other relevant factor.
Contact a Hardship Waiver Attorney
For more information, contact us today at one of our offices in:
It is critical that you provide all the supporting evidence with your I-601A waiver application. If you do not state your case for granting a waiver, your application may be denied.
Contact a hardship waiver attorney at The Ranchod Law Group today
A Detailed list of other information on I-601A Waivers
- Keeping Families Together Through The I-601A Waiver Process
- I-601A Waiver Approval and Success Story for a Mexican National
- I-601A Waiver for National from Guatemala
- An I-601A Success Story: Waiver approval for medical extreme hardship
- Examples of Successful I-601A Waiver Applications
- i-601a Waiver Approval for Client who remained in the U.S. for 15 years
- I-601a Hardship Waiver Approval Notice
- I-601a Approval Document, Client Entered the U.S. Illegally from Mexico
- I-601a Waiver Approvals, Waiver for El Salvadorian Client Who Entered the U.S. Illegally
- i-601a Unlawful Presence Waiver APPROVED for Client from Central America
- i-601a Waiver Approved for Client Who Entered the U.S. Illegally
- Our Latest I-601a Success Story » Provisional Unlawful Presence Waiver
- I-601A Waivers, Client from Mexico entered and resided illegally in the U.S.
- I-601A Waiver Approved for Mexican Client, Unlawful Entry and Unlawful Presence in the U.S.
- I-601A Waiver Approval, Illegal Entry and Illegal Presence
- I-601A Hardship Waiver Approval, Nov. 11, 2016
- I-601A: How Psychological and Financial Hardship affect an approval
- I-601a Provisional Unlawful Presence Waiver Approval 2016-08-30
- I-601A Hardship Waiver Available to Spouses and Children of Lawful Permanent Residents
- I-601A Provisional Unlawful Presence Waiver Approval
- I-601A Waiver Approved for Client by The Ranchod Law Group
- I-601A Waiver Approval from Mexico
- Success Story: Approval of I-601A for Client Brought to U.S. as a Child
- Form I-601a: Common Misconceptions about the New Unlawful Presence Waiver
- Filing Unlawful Presence Waivers (form I-601A), Demonstration of Extreme Hardship
- Provisional Unlawful Presence Waiver (Form I-601A)
- Defects With I-601A Applications
- 5 Reasons Why You Should have an Immigration Attorney Assist You With the I-601A Waiver
- Can I Apply for an I-601A Waiver If Under an Order of Voluntary Departure?
- What you need to know about Form I-601A
- Tips for Completing Form I-601A Provisional Unlawful Presence Waivers
- Eligibility for the I-601A Provisional Unlawful Presence Waiver
- Will I Be Subject to Removal Proceedings If My I-601A Application is Denied?
- How to Prove “Extreme Hardship” for an I-601A Hardship Waiver