Waivers

Extreme hardship waivers are the most commonly requested waivers in the US. Extreme hardship waivers are used when one or more family members are US citizens or lawful permanent residents and one member of the family would not typically be granted admission or may be removed from the US.

Extreme hardship is difficult to prove because it has not been defined in the Immigration and Nationality Act (I.N.A.) which means that the person who reviews your particular application has the ability to use his or her discretion in deciding whether your family will suffer extreme hardship if the person in question is not allowed to enter or remain in the US.

If you have an immediate family member who is a US citizen or lawful permanent resident and you have been with them, in the United States unlawfully, you would typically be required to return to your home country before you could apply to become a lawful permanent resident. Many people do not return to their home countries to initiate the process because it would often mean being separated from their loved ones for years at a time.

However, to streamline the process for family members of lawful permanent residents and US citizens, the I-601A waiver was created for individuals who would otherwise be admissible to the United States but are considered inadmissible because they have been in the US unlawfully for over 180 days.

Unfortunately, getting an I-601A waiver can be difficult. Your application can be denied if the person reviewing your application has reason to believe that you would be considered inadmissible on other grounds. Getting an attorney involved before submitting an I-601A waiver can help minimize this risk and maximize your chances of success if an I-601A waiver is appropriate in your situation.

If you or a loved one have previously been removed from the United States, you will not be permitted to return to the US for a specific period, unless you are granted permission to reapply for admission using Form I–212. An application for an I-601 or I-601A waiver may also be necessary depending on the circumstances surrounding the original removal.