What is “inadmissibility”?
If you are an aspiring immigrant to the United States, you will be disallowed from getting legal immigration status if you are “inadmissible” under the immigration law. You can be found inadmissible for such things as:
1. Criminal convictions
2. Unlawful presence in the United States
3. Unlawful entries to the United States
4. False claims to U.S. citizenship
These are just a few of the dozens of grounds for which you could be found inadmissible. Many of these grounds are insurmountable and there is no waiver available. However, in some cases, by filing a Form 1- 601, an Extreme Hardship Waiver, your inadmissibility may be “waived” and you may be permitted to get legal status in the United States.
Eligibility for a hardship waiver
What qualifies as an “Extreme Hardship”? Well, that answer isn’t specifically outlined in the law. All Waiver applications are reviewed on a case-by-case basis by an immigration office or judge. In general, “Extreme Hardship” means your relative living in the U.S. is dependent on you for medical or financial support.
You can argue that your relative will experience “extreme hardship” in the United States or in your home country if you are deported.
Factors that may qualify you for an Extreme Hardship Waiver include:
- Your relative has a serious, major medical issue and cannot safely travel out of the country.
- Your relative is financially supported by you
- There is political upheaval in your home country
- Your country is in an active state of war
- Your relative won’t be able to repay debts if you moved abroad
- And more
Qualifying for an extreme hardship waiver
There is no precise definition of what constitutes an “extreme hardship.” Instead, an immigration judge reviews many factors to grant or deny a Waiver request:
- Alien’s age
- Relative’s age
- Alien’s children
- Relatives’ health conditions
- Alien’s to obtain employment in home country
- Alien’s length of stay in the U.S.
- Relatives’ access to medical care in alien’s home country
- Psychological impact of alien’s departure
- Alien’s access to education in home country
- Family ties to alien’s home country
- Political and economic conditions in alien’s home country
- Alien’s contributions to society
- Alien’s ability to adjust to permanent resident status in U.S.
- Alien’s family ties in home country
Establishing extreme hardship and preparing a successful I-601 Immigration Waiver involves telling a compelling story about why staying in the United States is essential for you and your family. Do not attempt to obtain a Waiver without the assistance of an experienced Austin immigration attorney.
Proving your case with one of our Austin extreme hardship waiver attorneys
To learn more about the different waivers available and if you could qualify for an Extreme Hardship Waiver, call our Austin immigration attorneys at (512) 633-1785 for our Austin office and (361) 356-4502 for our Corpus Christi location.