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Tag Archive for: hardship waivers

Posts

Extreme Hardship Waivers: Impact of an Absent Father

July 17, 2014/0 Comments/in Hardship Waivers /by admin

Impact of an Absent Father: Extreme Hardship in a Hardship Waiver Application

Extreme Hardship Waiver Applications – The psychological impact of family separation

When dealing with Hardship Waivers, there is no exact definition of extreme hardship. Immigration law provides a list of factors that are considered in a Hardship Waiver application.

Two of those factors include the psychological impact of family separation and the inability to raise children if family members are not present. These two factors are especially significant in proving extreme hardship when an applicant is married and has young dependent children.

This blog entry will focus on the impact family separation has on young children and present examples demonstrating exceptional hardship to the qualifying relative. Extreme hardship for the U.S. citizen children can be “funneled” into hardships to the qualifying relative. The impact of an absent parent should be highlighted in the Hardship Waiver application.

Impact of an Absent Father: Extreme Hardship in a Waiver Application – An Example

George is a Mexican citizen and is married to Amy, a U.S. citizen. They have three young boys, all under five years old. George is an attentive, loving father and husband. Amy works full-time and sometimes even graveyard shifts at her job at the hospital. She relies heavily on her husband to care for and watch their children. As a U.S. citizen, Amy is George’s qualifying relative, and thus George must demonstrate that Amy would experience exceptional hardship if George were not granted a waiver.

Although their children are U.S. citizens, they are not qualifying relatives for the purpose of the waiver. Thus, any hardship the children would experience is only considered to the extent it results in hardship to George’s spouse, Amy. A Hardship Waiver application with similar facts as above was first denied by the Field Office Director in Mexico City. Still, on appeal by the Administrative Appeals Office (AAO), it was approved.

In that case, the Waivers applicant proved by psychiatric assessments that his spouse was anxious, depressed, and on the verge of a nervous breakdown due to her separation from her husband. The AAO also took into account the impact the father’s absence had on the young children. The young boys’ school teachers reported they were acting out and not doing well on tests or assignments. Also, they exhibited misbehavior such as not eating well and being rebellious.

Indeed, studies show that boys without a father suffer disproportionately. For example, one study found that children whose fathers are stable and involved are better off on almost every cognitive, social, and economic measure developed by researchers. Compared to children who grow up in two-parent households, children who grow up with an absent-father tend to:

  • show increased rates of delinquency;
  • have higher rates of drug abuse/addiction;
  • have emotional problems;
  • be aggressive and have antisocial tendencies.

This shows that if a father were forced to separate from his family, it is likely to negatively affect his children in various ways. The children’s mother, in turn, would suffer anxiety and stress in dealing with the child’s onset of issues, both emotional and behavioral. These children typically have lower academic achievement, lower test scores, and are most likely will drop out of school.

Particularly in males, there is a higher mortality rate, higher probability to have contact with the police, leading to an increased risk of incarceration. These studies explain that poverty, lack of resources, instability in the household, lower parental engagement, and increased stress on the remaining parent (the mother) account for the negative consequences.

It comes as no surprise that when a two-parent household abruptly turns to a single-parent home, the remaining parent’s stress increases dramatically. In this example, if George were denied a waiver, Amy would be left on her own, raising their three young boys. In turn, the boys may suffer in many ways, including less stability, lower-income, and lack of emotional support.

George can funnel his sons’ hardship through Amy, his qualifying relative, to create a more robust Hardship Waiver application. Even though the U.S. citizen children are not qualifying relatives, they should not be overlooked in establishing exceptional hardship in a Waiver application.

This blog entry is not, nor is it intended to be, legal advice. This blog is for educational purposes only. Remember that each case is unique. If you have questions about your own immigration case, please contact our Sacramento office at (916) 613-3553. You can also contact us via mail ta info@ranchodlaw.com to schedule a consultation and discuss your particular situation. Schedule a consultation with us today to evaluate your chances for a Hardship Waiver.

Works Cited:

  • Emily Anthes, Family Guy. Scientific American Mind. (May/June 2010).
  • J. McCord, et al., Juvenile Crime, Juvenile Justice. Panel on Juvenile Crime: Prevention, Treatment, and Control (2001).
  • Lisa J. Crockett, et al., Father’s Presence and Young Children’s Behavioral and Cognitive Adjustment. Faculty Publications, Department of Psychology, Paper 253. (1993).

Related Information on J-1 Hardship Waivers

  • J-1 Hardship Waiver Approval for a Pakistan citizen
  • J-1 Hardship Waiver for Brazil Approved
  • How Home Country Conditions Support Hardship Waivers
  • The Top 10 Questions on Hardship Waivers

Top 5 Reasons Hardship Waivers are Rejected

May 14, 2014/0 Comments/in Hardship Waivers, I 601 Waivers /by admin

Click Here to read Ranchod Law.com Content in Spanish




Top Five Reasons Hardship Waivers Are Denied

At Ranchod Law we file countless hardship waivers on behalf of our clients, including:

  • exceptional hardship waivers for J visa holders
  • extreme and unusual hardship waivers for clients with criminal histories
  • immigration fraud
  • illegal entries into the U.S.

We are proud of our proven track record of success.

Many of our clients come to us after having already received a waiver denial on their own and in our experience these are the top five reasons those clients received a denial previously:

  1. Poorly prepared statements by the applicant and his or her family
    Your statement is your opportunity to explain to the immigration officer why you deserve a waiver. A statement that doesn’t delve deeply enough into the details or that says the wrong things can be extremely prejudicial to your case. Likewise, the statements of your family members are critical to supporting your case. You need an experienced immigration attorney to read your statements and advise you of which areas need to be expanded.
  2. Not enough supporting paperwork
    Your statement and your family members’ statements will not be enough in and of themselves to warrant an approval. Every single fact in the statements needs to be supported with proof! If you discuss a medical condition you need proof of the condition, if you discuss finances you need proof of income and expenses, if you discuss education you need copies of certificates and grades, etc.
  3. No history or follow up care for medical and mental health paperwork
    If your medical or mental health paperwork is limited to the time period just before your application for a waiver your application will be viewed with a suspicious eye. For example, if you have a doctor’s note dated just before your application diagnosing your qualifying family member with asthma or a gastrointestinal issue on the eve of filing your application, immigration might be distrustful, immigration might think this was made up just for your application. On the other hand if you obtain a doctor’s note or medical records showing your family member has been receiving treatment for a long period of time this makes the paperwork more credible. The same goes for letters from psychiatrists, psychologists, and other therapists. A letter indicating a history of depression and treatment will be more valuable than one obtained on the fly just for the purpose of your application.
  4. No legal arguments in your favor
    Very rarely will a case speak for itself. An experienced hardship waiver immigration attorney can prepare a written legal argument on your behalf highlighting the strengths of your case and explaining how your case meets the standards imposed by the law. Your attorney should organize your documents and provide you with advise on which documents are necessary vs. which documentation is unnecessary for your case. Providing the appropriate documentation can make or break your case. Immigration officers are very busy, they will not take the time to sort through and thoroughly review each paper in your case, it is your attorney’s job to make it easy for the officer to approve your case.
  5. Inexperienced legal help
    The final most common reason we have seen clients come to our office with denials of hardship waivers is because they didn’t receive sound legal help with their waiver the first time around. It is not a coincidence that our clients get denials with other attorneys and approvals with us. We know how to prepare cases that highlight your hardship utilizing our legal arguments and your unique story. In addition to the preliminary required paperwork we have experience gathering additional supporting paperwork, asking clients just the right details to expand in their statements, and compiling well written legal briefs which really magnify the strength of your case. Please contact our Sacramento, San Francisco and Santa Clara offices at (916) 613-3553 to discuss your prospects honestly and confidentially.




















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Conrad 30 vs. J1 Hardship Waiver for Doctors [[VIDEO]]

January 16, 2014/0 Comments/in Conrad 30, Hardship Waivers, I 601 Waivers, J1 Visas /by admin

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Here’s a video for foreign physicians that eplains the difference between two options that doctors have when seeking to avoid the tow-year home residency requirement of immigrating to the U.S. on a J1 waiver:

The Ranchod Law Group answers all of your immigration questions. Just call (916) 613-3553 and we will do our best to help you through this stressful process. With offices in Sacramento, Santa Clara and San Francisco, we are ready to take your call, and we even assist people in different time zones around the globe remotely!

Published by: Ranchod Law Group






















Proving Extreme Hardship: Health

December 9, 2013/0 Comments/in Hardship Waivers, I 601 Waivers /by admin

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In September, we discussed an actual case in which health hardships qualified for the extreme hardship waiver. We now return to that topic to explain how to prove an extreme hardship based on health.

Certain immigration cases require proof of extreme hardship. Cancellation of removal before the immigration judge and waivers for most crimes and immigration fraud, for example, all require proof of extreme hardship. J1 waivers require proof of exceptional hardship. The immigration authorities are looking for hardship beyond that which would typically be expected if you are separated from your loved one..

Previously we discussed emotional and financial hardship. Today we will discuss a third type of common hardship, hardship related to medical conditions.

We often have clients tell us that their family members do not have any health issues but this is rarely the case. Some of the common health issues we see include:

Hospitalizations
Surgeries
Allergies
Asthma
Diabetes
High blood pressure
Infections (respiratory, ear, etc.)
Stomach or digestive troubles
Issues during pregnancy or child birth
Any medical complications whatsoever

Clients often forget to mention or overlook some or all of the above but each piece of information is critical to supporting your case for extreme hardship.

For example, what if your child suffers from an occasional ear infection? You may think it is no big deal, you get him the antibiotics and in a few days he is fine. But what will happen in your home country? Will you have the same access to doctors and medications? What about the money to cover those medical expenses?

Another example would be if your spouse suffers from allergies or asthma. Here it may be no big deal but perhaps in your home country the air quality is worse and access to medical services limited.

While a more severe medical problem might be enough by itself to prove extreme hardship, more minor medical issues still help build your case. Allergies and asthma in and of themselves are probably not enough for a finding of extreme hardship but perhaps in combination with other factors might be sufficient.

Related to our previous posting on the topic of emotional hardship it is important to discuss mental health issues. If one of your immediate family members suffers from depression or anxiety it is important to document this for your immigration case. We’ve also helped clients whose children suffer from attention deficiency or autism. We also have the sensitivity to help clients whose family members are afflicted by other serious mental health issues like schizophrenia or bipolar disorder.

The types of papers that can help prove hardship related to health conditions include letters from doctors and specialists. Also, copies of past medical records and tests, and copies of prescriptions and medical labels can be used. We will research each medical issue on your behalf and not only provide the immigration authorities with all of the information they need but also explain to the authorities the gravity of the condition in terms that they understand. Immigration adjudicators are not health professionals, we take it upon ourselves to inform immigration about your case and try to persuade them in your favor.

Remember that an I-601 waiver, a J1 waiver, or a cancellation of removal case doesn’t have to hinge on just health issues. Immigration will look at the medical conditions, if any, in combination with other types of hardship like financial and emotional hardship. If you would like to discuss how your particular circumstances amount to hardship, please call us at (916) 613 – 3553. We have offices in Sacramento, Santa Clara and San Francisco and clients all over the U.S. and abroad.

Published by: Ranchod Law Group
















The Top 10 Questions on Hardship Waivers

October 1, 2013/in Hardship Waivers, I 601 Waivers /by admin

Click Here to read Ranchod Law.com Content in Spanish





Here at the Ranchod Law Group we take great pride in the waivers we complete for our clients. As we talk to Clients, their needs emerge under the shape nad form of questions we are confronted with on a daily basis – here are the top ten questions new waiver clients tend to ask.

1. Why do I need a waiver?

Three common reasons for needing a waiver are:

  • having a criminal conviction;
  • entering the U.S. illegally
  • having committed immigration fraud in the past.

There are many other situations requiring the use of a waiver and it is always best to consult with one of our offices regarding your particular needs and concerns.

2. How do I know if I need a waiver?

It is very important to be honest and forthcoming with your attorney. Many potential problems can be addressed by being proactive. For example, if you had an encounter with law enforcement previously, we can request a waiver at the same time you apply for your greencard instead of waiting for a specific request from Immigration or worse, a denial.

3. What type of waiver do I need?

The type of waiver you require depends on your particular circumstances. The waiver for an individual who had a run in with the law, for example, is different from the waiver for someone who entered illegally. At Ranchod Law we have the experience and knowledge to counsel you in all of your immigration needs.

4. Do I need to fill out any forms?

Each waiver process requires an array of forms. It will be our pleasure to correctly fill out all of the forms on your behalf.

5. What information do I need to provide?

We will ask you for all of the information we need in order to completely prepare your waiver case. In addition to the general biographic information (name, date of birth, etc.) we need to learn everything we can about your specific personal circumstances in order to build a strong and detailed case. We have the experience to deal with even the most sensitive personal information.

6. What papers do I need?

We will guide you in order to obtain all of the papers possible to prove your case. Each case has specific circumstances which need to be documented and after we meet with you and learn of your specific situation we can help you build the best case possible.

7. When should I start?

Contact our Sacramento or our San Francisco offices right away. If you are illegal in the U.S. with every passing day you will risk being placed in removal (deportation) proceedings. Also, you will feel tremendous relief to have your immigration status stabilized.

8. How long does the process take?

It is time consuming on our part to build the strongest case possible on your behalf. We have to gather all of the necessary papers and research on your behalf. We also need to write a brief, a detailed written legal argument, to support your waiver. That being said, we can work expeditiously and efficiently to meet your specific needs.
After presenting your case, the immigration processing times vary depending on the type of waiver. Please contact either our Sacramento or our San Francisco offices to discuss your specific waiver needs.

9. How much does a waiver cost?

We charge a flat fee depending on the complexity of your waiver. We can work out a payment plan to fit your needs.
Additionally, there is an immigration filing fee which varies depending on the type of waiver.

10. Can my family benefit too?

Each individual requiring a waiver will need their own. However, by getting your own waiver approved and legalizing your status you may be able to help your family.

Contact our offices now

We are conveniently located in Sacramento and San Francisco. We encourage you to contact us to discuss your particular immigration needs. Call now or fill in the form and we will be in touch.

Related Information on J-1 Hardship Waivers

  • J-1 Hardship Waiver Approval for a Pakistan citizen
  • J1 Hardship Waiver for Brazil Approved
  • How Home Country Conditions Support Hardship Waivers
  • Extreme Hardship Waivers: Impact of an Absent Father

Form I-601A: Common Misconceptions about the New Unlawful Presence Waiver

September 13, 2013/in Hardship Waivers, I 601 Waivers /by admin

Click Here to read Ranchod Law.com Content in Spanish





Sorting Fact from Fiction: The New Unlawful Presence Waiver

In March of this year the USCIS (U.S. Immigration) released a provisional unlawful presence waiver (form I-601a).

With this waiver, individuals who are inadmissible to the U.S. for unlawful presence (for example, in the U.S. illegally after entering illegally) can apply for a waiver of the three and ten year bar (bars to reentry as a result of illegal presence in the U.S.), and, after the waiver is approved, travel to their home country to return with their immigrant visa (a greencard in the U.S.)

Previously, individuals had to wait in their home country, separated from their families and lives in the U.S. for long periods of time and risk not being able to return to the U.S. for three to ten year periods. With this new waiver, available as of March 2013, your departure from the U.S. can be minimal!

Because the unlawful presence waiver has only been around a short time, we have seen many clients with misconceptions about the waiver – here are the top five common misconceptions we’ve encountered thus far:

  1. I can get a work permit while my waiver is pending
  2. FALSE. Your pending unlawful presence waiver does not provide you with any interim benefits. You cannot get employment authorization (a work permit) on the basis of your pending waiver. After approval of your waiver and return from your home country with your immigrant visa, as a lawful permanent resident (greencard holder) you will be able to work legally in the U.S.

  3. I can leave the U.S. while my waiver is pending
  4. FALSE. You should not leave the U.S. while your unlawful presence waiver is pending. Departure from the U.S. after a period of illegal presence will result in a bar to reentry of three or ten years depending on how long you were in the U.S. illegally. There are waivers for individuals who are outside of the U.S. Please contact one of our offices if you are already abroad to discuss your options.

  5. I am in lawful status while my waiver is pending
  6. FALSE. You are not considered to be in lawful status while your unlawful presence waiver is pending. After approval of your waiver and return from your home country with your immigrant visa, as a lawful permanent resident (greencard holder) you will then be in lawful status.

  7. I can get my greencard without leaving the U.S.
  8. FALSE. After your unlawful presence waiver is approved you must leave the U.S. to obtain your immigrant visa at a U.S. embassy or consulate abroad.

  9. I cannot contact an attorney until I have an approved immigrant visa (I-130) petition
  10. FALSE. Although you must have an approved immediate relative immigrant visa (form I-130) petition approved in order to FILE your unlawful presence waiver, you can still contact our offices while the petition is pending or even before the immediate relative petition is filed.

Word of mouth isn’t enough

There are many myths circulating around this new unlawful presence waiver but we at Ranchod Law have the knowledge to help you separate fact from fiction. We’ve already filed numerous unlawful presence waivers and we look forward to helping you on your case.

Let us prepare your Waiver Case

We can work on preparing your waiver case while your immediate relative petition is pending or actually help you with the filing of your immediate relative petition.

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

Waivers in Adjustment of Status Cases Marijuana

July 29, 2013/in Green Card, Hardship Waivers /by admin

In the next few weeks, we will be covering the topic of waivers in the context of adjustment of status. Adjustment of status is the process by which an individual who has a temporary status (a B visa or an F visa, for example) or no status (has an expired visa) can adjust their status to that of a lawful permanent resident.

A lawful permanent residency card is commonly called a greencard. Typically, individuals want to file for adjustment of status after marrying a U.S. Citizen. There are other reasons why you might be able to file for adjustment of status, aside from marrying a U.S. Citizen, and each reason has a variety of requirements.
To see whether you qualify for a greencard, please contact our office.

For this line of posts we will be assuming you qualify for adjustment of status and we will be looking solely at waivers.

Waivers and Criminal Issues

One common reason for needing a waiver is having had a criminal issue in the past. A conviction for even a small amount of marijuana will require you to obtain a waiver.

Take the case of Mark (name changed to protect privacy), for example.(*) Mark’s parents brought him to the United States when he was a child, with a visitor visa. He was a good kid and after graduating from high school he took work under the table (his visitor visa had long expired and he did not have authorization to work) at a paper factory. One day, after work, Mark and a few of his friends went to a park to smoke a little bit of pot (marijuana). A passerby alerted police and Mark and his friends were arrested. On the advice of his public defender, Mark pled “no contest” to possession of marijuana. He never served jail time. He never got into any further trouble and in fact married his high school sweetheart (a U.S. Citizen) and started a family. Mark was very surprised to learn that he would need a waiver for having smoked a mere joint in order to obtain his greencard.

“No Contest”: a Conviction for Immigration

Mark needed a waiver because pleading “no contest” is considered a conviction for purposes of immigration. Although the immigration relief available to individuals with drug convictions is extremely limited, thankfully there is a waiver for possession of less than 30 grams of marijuana.
In order to obtain the approval of Mark’s waiver we had to prove that Mark had a “qualifying U.S. citizen or lawful permanent resident relative”. Such a relative includes a:

  • U.S. Citizen
  • lawful permanent resident
  • spouse
  • child
  • parent

Proving Extreme Hardship

Mark had two qualifying relatives, his wife and his newborn daughter. Additionally, we had to prove that Mark’s wife and/or daughter would experience extreme hardship if he was denied his waiver. We argued on Mark’s behalf that:

  1. Mark was the sole financial provider for his family
  2. Mark’s wife did not work
  3. If Mark’s wife were forced to reenter the workplace she would have no one to take care of their daughter
  4. Mark’s wife began seeing a therapist for her anxiety over Mark’s unstable immigration status
  5. Mark’s wife would not be able to accompany Mark back to his home country because she did not speak the language
  6. Mark’s wife had well controlled asthma but the air quality in Mark’s home country was poor and access to medical care was limited

Mark’s waiver was approved and he got his greencard. Today, Mark is a U.S. Citizen.

If you, like Mark, have a conviction for less than 30 grams of marijuana, or a different type of conviction, please contact our office to discuss whether you qualify for a greencard and whether you’d be a good candidate for a waiver.

(*) Examples are taken from actual cases worked on by a member of Ranchod Law Group.

Contact Us Today for a Consultation

What Happens If My Provisional Unlawful Presence Waiver is Approved?

April 25, 2013/in I 601 Waivers /by admin

Click Here to read Ranchod Law.com Content in Spanish

Provisional Unlawful Presence Waivers

What Happens When Unlawful Presence Waivers are Approved

The Ranchod Law Group Offices in Sacramento California are dedicated to the assistance of individuals on a number of immigration issues which rang from marriage green cards to employment based immigration, but our ficus is on I-601 Waivers and provisional unlawful presence waivers. Many Clients we receive at our Sacramento office express concern and apprehension when we discuss what happens once an individual’s I-601A application for a provisional unlawful presence waiver is approved

Author: The Ranchod Law Group

A surprising question we received at our Sacramento office is what happens once an individual’s I-601A application for a provisional unlawful presence waiver is approved.

After all, it may be the goal of many applicants to secure the waiver so that they will not be barred from reentering the U.S. for up to a ten-year period. However, many individuals may not realize what happens next after their waivers are approved. So it may come as a shock that they will in fact need to pack their bags and depart the country despite being approved for the waiver.

Attending Your Visa Interview Abroad

After the USCIS approves an I-601A application, it will notify the National Visa Center (NVC) of its decision. The NVC will then send you documentation setting up a visa interview usually at your home country.

You will not be able to schedule a visa interview in the U.S. and you must depart the country to participate in the interview. However, the benefit of having the provisional unlawful presence waiver is that you will be allowed to reenter the U.S. following the interview even if a bar to reentry would have previously applied.

If you don’t leave the U.S. to attend the interview, your provisional unlawful presence waiver will not take effect and it may no longer be considered valid.

What Happens if My I-601A is Denied

If your provisional unlawful presence waiver is denied, you still have a couple options:

  • Reapply for the Waiver in the U.S. Your application may have been denied for a variety of reasons not having to do with your basic ineligibility for the waiver. For example, you may have failed to provide evidence proving an extreme hardship or you may have made other mistakes in the application. In this case, you may want to work with a hardship waiver attorney in Sacramento to help you complete a new I-601A waiver application.
  • Leave the Country and Apply for an I-601 Waiver. Another option may be to leave the U.S. and attend your visa interview abroad without any guarantee that you can reenter the U.S. immediately. You can then apply for an I-601 waiver for any reasons barring your entry to the U.S. You will want to talk to any attorney before taking this step

Contact a Hardship Waiver Attorney

The Ranchod Law Group

If you are applying for a provisional unlawful presence waiver and you have a question regarding approval or denial of the waiver, you should contact an experienced hardship waiver attorney at the Ranchod Law Group. You can contact us at (916) 613-3553 or info@ranchodlaw.com for legal assistance on I-601A waivers.
The Ranchod Law Group
8880 Cal Center Drive #400
Sacramento,
CA
95826
United States
Phone: (916) 613-3553
Email:info@ranchodlaw.com

Provisional Unlawful Presence Waivers and Evidence of Extreme Hardship

April 19, 2013/in Hardship Waivers, I 601 Waivers /by admin

Click Here to read Ranchod Law.com Content in Spanish

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.

Author: The Ranchod Law Group

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. 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

The Ranchod Law Group

Working with an experienced hardship waiver attorney 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.
The Ranchod Law Group
3333 Bowers Avenue Suite 130
Santa Clara,
CA
95054
United States
Phone: (408) 844-9197
Fax: (888) 891-7071
Email:info@ranchodlaw.com

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Approved Waiver Notices

Approval Notices: Approved Waivers

Click here to view I601 waiver approval notices.

The Ranchod Law Group

8880 Cal Center Dr #190
Sacramento, CA 95826
Phone: (916) 613-3553
Email: info@ranchodlaw.com

4719 Quail Lakes Dr, # G-2015
Stockton, CA 95207
Phone: (209) 219-2377

Email: info@ranchodlaw.com

 

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The Ranchod Law Group provides immigration law services with offices in Sacramento and Stockton California. In addition, we provide immigration law representation for clients nationwide.
Disclaimer: The testimonials, case results and/or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.© 2020 Ranchodlaw. All Rights Reserved. Disclaimer | Privacy Notice
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
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