We have previously discussed how health hardships qualified as an extreme hardship factor in the I-601 Application for Waiver of Grounds of Inadmissibility.
In this post, we examine financial hardships, another extreme hardship factor in I-601 waivers.
Many I-601 immigration cases seeking an immigrant visa, adjustment of status, certain nonimmigrant statuses, or certain other immigration benefits, will require you to prove extreme hardship to obtain an approval.
For example, such a case may be:
- Cancellation of removal before the immigration judge. Cancellation of removal allows some individuals in removal proceedings to apply to remain in the United States and have the provision terminated.
- Waivers for crimes and immigration fraud. The applicant must prove extreme hardship in such cases most of the time.
Extreme hardship for I-601 Waivers
Immigration officers, evaluating I-601 Waivers, will consider financial hardship to evaluate your case. Extreme hardship for I-601 Waivers can take many forms, including:
In this article, we discuss an aspect of extreme hardship and how you can prove financial hardship in I-601 Waiver Applications.
It is a common misconception that to prove financial hardship in I-601 Waivers, you have to be the sole breadwinner for your family. Being the sole source of income for your family is insufficient, and by no means the case.
Both a sole provider and an individual who provides essential financial support can prove financial hardship.
Extreme Hardship: Required Supporting Financial Hardship Documentation
The types of papers you need to prove financial hardship include:
- proof of income like pay stubs or your income tax returns;
- family expenses you incurred to support your family include rent or mortgage, utilities, food, and transportation;
- health-related expenses: doctors visits and medication
You will also need papers to prove your response to the following questions:
Why can’t you support your family from or in your home country?
The issue of supporting your family from your home country is a two-part question:
- If your family can’t go back to your home country with you, why can’t you send them money to support them from abroad?
- If your family can go with you to your home country, why can’t you support them there?
The types of documents you must produce for I-601 Waivers, concern the poverty levels in your home country. You are also required to produce documentation proving your qualifications and your potential income in your home country.
Isn’t there someone else who can take over your current financial responsibilities?
For example, the immigration officer will ask why your spouse cannot work to support your family in your absence.
Would your spouse earn enough to make up for the income lost due to you returning to your home country?
The supporting documentation needed to respond to these questions should prove that your spouse cannot work. You need to produce evidence to support your case and prove your spouse’s responsibilities, such as children, caring for an elderly parent, or other specific issues.
Another scenario would be that your spouse’s income is insufficient to support the family. The response to this question could also be that no one else can take over your financial responsibilities. Insufficient funds is often the case in single-parent households.
Remember that a cancellation of removal case or a waiver case doesn’t hinge on just financial hardship.
The I-601 and I-601A waiver application requires a considerable amount of supporting documentation. Immigration officers examing your case will scrutinize every document produced. The financial hardship, if any, combined with all other factors in your case, is key to the outcome of the procedure. We will discuss them here on our blog soon.
If you would like to discuss I-601 Waivers and your specific case contact us now. We’ll examine your particular circumstances and how they may rlate to extreme hardship and amount to financial hardship. Call us at (916) 613 – 3553.
We have offices in Sacramento and Stockton in California and serve clients in the U.S. and internationally.