Individuals who are inadmissible to the United States may be able to lawfully remain or enter the United States by applying for an I-601 waiver. However, the essential requirement for obtaining an I-601 waiver is to prove that the inadmissible individual’s United States citizen or permanent resident spouse, parent, or other family member will suffer extreme hardship if the inadmissible individual is not lawfully able to reside in the United States, or had to reside overseas.
What is Extreme Hardship?
The process for granting or denying an I-601 waiver that would in effect “waive” your status as an inadmissible non-citizen/non-immigrant, is very subjective. What this means is that there is one person or group of persons reviewing your application to determine if your United States citizen or permanent resident spouse, parent or other family member has sufficiently proven that he or she will suffer extreme hardship if you are not able to reside in the United States legally.
Because the waiver application process is so subjective, it is imperative that you provide enough documentation that any decision-maker would conclude that you have demonstrated extreme hardship. I-601 waiver applications are commonly denied for failing to prove that the United States citizen or permanent resident spouse, parent, or other family member will suffer extreme hardship from your absence in the United States.
Examples of extreme hardship include, but are not limited to, the following:
- Heath Reasons – If the United States citizen or permanent resident spouse, parent, or other family member has health problems that would make it extremely difficult for he or she to live without the help and support of the inadmissible non-citizen/non-immigrant, then there may be strong grounds for demonstrating extreme hardship.
- Personal Hardship – If the United States citizen or permanent resident spouse, parent or other family member will suffer emotionally from the absence of the non-citizen/non-immigrant, you should provide documentation that you rely on the close relationship with your family member. For example, if you have been married for 20 years, you can document this to support your affirmation that there will be extreme hardship from your absence in the United States.
- Economic Hardship – If the United States citizen or permanent resident spouse, parent, or other family member relies on the non-citizen/non-immigrant I-601 waiver applicant economically, this may be grounds for proving extreme hardship. For example, if the I-601 waiver applicant provided the only source of income for the family, this can be used as a strong basis for demonstrating extreme hardship, especially if the United States citizen or permanent resident family member is unable to work.
In order to better understand the I-601 waiver process and what is necessary to prove extreme hardship, you should consider seeking the advice of an immigration attorney who can help you with the process. A complete and accurate petition for an I-601 waiver will increase your chances of approval. However, it is important to remember that this process is discretionary, and there’s no guarantee that any particular decision-maker will grant or deny the I-601 waiver.
Contact the Immigration Attorneys of Geygan & Geygan, Ltd. Today to Schedule a Free Consultation
If you or your loved one is seeking to obtain an I-601 waiver that will remove the inadmissible status, you should seek the advice of experienced immigration attorneys as soon as possible. I-601 waivers are very difficult to obtain, so it is crucial that you do as much as you can to prove and demonstrate extreme hardship. The immigration attorneys of Geygan & Geygan, Ltd. have the skill and experience required to help you reach your goal of residing in the United States. While there is never a guarantee that a waiver will be granted, our immigration attorneys will do their best to ensure your application is submitted correctly with the required documentation. To schedule a free consultation with one of our immigration attorneys, call our office today at (513) 791-1673.