Provisional Unlawful Presence Waivers and Evidence of Extreme Hardship

Provisional Unlawful Presence Waiver

Evidence of Extreme Hardship

One of the main requirements to getting approved for a provisional unlawful presence waiver is to prove that a qualifying relative will suffer an extreme hardship if you are barred from reentry into the U.S. Naturally, one of the most common questions we receive in our Santa Clara office is just what kind of evidence is needed to prove an extreme hardship.

Documenting an Extreme Hardship

An extreme hardship to a qualifying relative generally means that you have to show a hardship such as a:

• health condition
• financial harm
• loss of education opportunity

Or other special factors.

Proving an extreme hardship is a very personal action and no two applications may be exactly the same.

That is why documenting the hardship and proving it to the USCIS can be very difficult. Nevertheless, some ways to evidence the hardship can include:

1. 1. Providing Affidavits. An affidavit is a sworn statement that can be from the qualifying relatives who can testify to the hardships they will encounter should you be prevented from returning to the U.S.
   2. Expert Opinions. For more technical hardships like health considerations, you may want to seek out expert opinions as to how your family will suffer. This can take the form of a doctor’s note or medical opinion
   3. Pay Records. If your hardship is related to financial concerns, you can provide things like an employment letter, tax statements, and payroll records. In addition, records of your expenses may also be useful to show how your earning potential is indispensable for your family
   4. Memberships. If you are an active and contributing member of your local community, you could better your chances for approval. Records of things like community organizations, volunteer work, and affiliations can help strengthen your application
   5. Birth and Marriage Records. If you are supporting multiple children, you may want to provide documents proving these relationships

How a Hardship Waiver Attorney Can Help

Working with an immigration attorney with experience in hardship waivers can be critical in getting you approved for a provisional unlawful presence waiver. A qualified attorney knows what needs to be included in an application. Without such expertise, you may neglect to include critical documents and evidence and seriously damage your case for the waiver.