Extreme hardship waiver approval rates

In certain select circumstances, An I hardship waiver can be used by immigrants fighting to keep their permanent resident status in an immigration court. The I hardship waiver can be extremely useful for immigrants to overcome certain restrictions on the admissibility of evidence in immigration proceedings.

Immigration regulations state that inadmissibility is a limited category of persons who are either unable to immigrate to the United States, unable to apply for adjustment of status from within the United States, or need to make a short-term visit to the United States. While the complete list of acceptable hardship waivers has never been officially codified into immigration law, three very common I waivers are:.

It is important to remember that each waivers is classified as a hardship waiver, but the eligibility for each changes. I Hardship waivers may also apply to additional situations not listed above.


To learn more about your eligibility for a hardship waiver, contact KPPB Law online to tell us about your case. We can help you decide which type of hardship waiver best applies to your situations. Currently, immigration law requires at least one of two elements to qualify for an I hardship waiver:. Determining eligibility for a waiver requires thorough knowledge of federal immigration law and it is in your best interest to consult with a licensed immigration lawyer before proceeding with your case.

The definition of a qualifying relative varies by the type of waiver:. Qualifying relatives are defined as American citizens, or permanent resident spouses or parents. Uncle, aunts, brothers, sisters, children, and other relatives are not qualifying relatives for use in the application of this type of waiver.

Qualifying relatives are family members such as parents or spouses who are either United States citizens or permanent residents. Offspring, siblings, and other relatives are not qualifying relatives as defined by this type of waiver. Children, parents or spouses who are either American citizens or legal permanent residents meet the definition of a qualifying relative. Siblings and other relatives are not qualifying relatives under the terms of this waiver.

Extreme hardship is a technical term used by the immigration judicial process. According to case law, extreme hardship must contain certain elements. Determining whether your case satisfies the definition of extreme hardship will require the analysis of a legal professional.A challenge some immigrants face is how to prove extreme hardship so they can remain in the United States.

Extreme hardship is a waiver that can, under certain circumstances, allow immigrants who illegally entered the United States and have been living in the country for more than a year to avoid the standard year ban to reentry. If you are needing to prove an extreme hardship case, contact a deportation attorney at Carman Fullerton who can help. Our skilled and experienced lawyers can guide you through the process.

Call us at Extreme hardship is a status for foreign nationals already living in the U. You only have to be able to show that your deportation would cause an extreme hardship for a member of your immediate family.

Extreme hardship does not include the typical effects of deportation. These things are not considered an extreme hardship, and in order to qualify for an I Waiver, you must be able to show that deportation would lead to an extreme hardship on the part of your immediate family. If you need help with your case, call us at Generally, the more fully you or a family member meet and can prove elements of the guidelines for extreme hardship, the greater your chances are for getting a waiver.

Here, having documentation and other essential data is crucial.

extreme hardship waiver approval rates

This is when an immigration attorney can be of greatest help because he or she knows how to apply persuasively for a waiver and back it up with documentation. The more complete the application, the faster it will likely be approved. A skilled and experienced immigration attorney can create a complete packet for you that you can then take to the appropriate authorities. The key is to create the inescapable conclusion that a waiver must be granted.

Any missing paperwork or poorly written communication can slow down the approval process. Eligibility for extreme hardship is not clearly defined, but the USCIS categorizes it into four levels. Level one is the strongest case, while level four is the weakest. USCIS offers the following examples for each level:. If you are in the United States without status and need to stay in the country in order to prevent your immediate family from suffering an extreme hardship, you need to find a way to get a waiver in order to keep yourself from being deported.

In this case, the applicant would need to stay in the U. As you can see, extreme hardship generally concerns illness in immediate family members.

Prev All Posts Next.Skip to main content. Officers must base their decisions on the totality of the evidence and circumstances presented.

This includes hardships to multiple qualifying relatives. The presence of one or more of the factors below in a particular case does not mean that extreme hardship would necessarily result from a denial of admission.

But they are factors that may be encountered and should be considered in their totality and cumulatively in individual cases. Some of the factors listed below apply when the qualifying relative would remain in the United States without the applicant.

Other factors apply when the qualifying relative would relocate abroad. Impact on the cognitive, social, or emotional well-being of a qualifying relative who is left to replace the applicant as caregiver for someone else, or impact on the qualifying relative for example, child or parent for whom such care is required. Loss of access to the U. Access or lack of access to social institutions and structures official and unofficial for support, guidance, or protection.

Extent to which the qualifying relative would have difficulty integrating into the country of relocation, including understanding and adopting social norms and established customs, including gender roles and ethical or moral codes. Health conditions and the availability and quality of any required medical treatment in the country to which the applicant would be returned, including length and cost of treatment.

Psychological impact on the qualifying relative due to either separation from the applicant or departure from the United States, including separation from other family members living in the United States. Prior trauma suffered by the qualifying relative that may aggravate the psychological impact of separation or relocation, including trauma evidenced by prior grants of asylum, refugee status, or other forms of humanitarian protection.

Conditions in the country of relocation, including civil unrest or generalized levels of violence, current U. Danger Pay for U. The mere presence of an enumerated circumstance does not create a presumption of extreme hardship.

Eligibility for an immigration benefit ordinarily must exist at the time of filing and at the time of adjudication.

Denied Visa at US Consulate - How to get I-601 waiver

The prior decision to grant the qualifying relative status as an Iraqi or Afghan special immigrant, T nonimmigrant, refugee, or asylee indicates the significantly heightened risk that relocation to the country from which he or she received protection could result in retaliatory violence, persecution or other danger to the qualifying relative.

This prior assessment by USCIS would often weigh heavily in support of finding extreme hardship in a case involving relocation. The same is also true in cases involving separation.If you are found to be inadmissible after your visa interview, you have the option to apply for the I waiver. USCIS makes this waiver available for certain applicants who are otherwise ineligible for a US visa based on inadmissibility.

Before applying for the waiver you need to know exactly why you were ineligible for the visa. If your case falls under any of these grounds for inadmissibility, prepare to file for the I waiver. Guess what? As long as you follow the guidelines for the waiver and submit all the required documentation, you can submit a successful I waiver. It could be due to a previous overstay in the US decades ago or lying on a past visa application. This only applies if you have ever entered the US without inspection i.

You can find the filing address here for the I waiver. USCIS will review your application for the waiver and determine whether you are eligible. There is no specific time frame for approvals but they normally complete within 4 months.

Once USCIS makes a decision on the I waiver, they will issue an approval or denial to both you and the foreign consulate. If you are approved, then your visa application will continue to be processed. The appeals process is quite a it longer, about 6 months. Some applicants decide to just reapply with more evidence instead of waiting for the appeal to be reviewed.

extreme hardship waiver approval rates

The reason for denial is not the reason you were found inadmissible but for a completely different reason. If the consulate officer has given you form g administrative processing, you have the opportunity counter their decision.

Unfortunately, an approved hardship waiver is no guarantee that the visa will be approved. Sometimes the consulate officers believe that your case is not accurate or believe there is some fraud being perpetrated. This type of denial happens a lot more in high fraud countries such as Nigeria. You can of course submit additional evidence that you qualify for the visa as well as supporting documentation to prove your case.

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Multiple criminal convictions can doom some applicants to be denied after the I waiver is approved.Citizen mother. Each case is several hundred pages long and is prepared with time and attention to detail. We are so happy to help another client and give him stability after so many years without status. Schedule a consultation with us, call now Your email address will not be published.

Save my name, email, and website in this browser for the next time I comment. Filed: August 10, Approved: December 1, Illegally and Has Remained in the U. Illegally for 15 years The Facts Client entered the U. Citizen Client has a U. Citizen child from a prior relationship Client wife also has a U. Citizen child from a prior relationship Our Case There were many facts we used here at the Ranchod Law Group to argue and strengthen the case.

Visa Denied After I-601 Waiver Approved For Inadmissibility

Wife also had some health issues we used to further support the case. Leave a Reply Want to join the discussion?

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Feel free to contribute! Leave a Reply Cancel reply Your email address will not be published. Lawyer Kaushik Ranchod Lawyer Immigration. In addition, we provide immigration law representation for clients nationwide. 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.Credit: imgarcade. An IA waiver might be denied for any of several reasons. However, there is good news! Although IA waiver denials cannot be appealed, applicants may resubmit a new waiver application showing new or additional evidence.

For example, say a waiver application argues that the U. If the citizen husband later undergoes additional treatment or evaluation for his mental health problems, medical records and reports from doctors or other relevant professionals may be submitted along with a new application. As another example, let us look at the situation of an immigrant applicant whose U. Because IA waiver applications generally include a great deal of supporting documentary evidence, it is important that they be properly assembled in a way that lets the USCIS adjudicating officer easily evaluate the arguments.

If you have a denied IA waiver that you believe was not adequately assembled, our office may be able to assist in putting together a more persuasive and thorough application. Birgitte A, Denmark.

Visa Denied After I-601 Waiver Approved For Inadmissibility

Koshika S, Australia. Disclaimer: The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

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extreme hardship waiver approval rates

Contact us today by calling Get in Touch. San Francisco Office 1 Sansome St. Learn More. Immigration Services. Get Social. Twitter Facebook LinkedIn Yelp.There is no formula for determining whether or not an I will be approved-each waiver is read and considered by a consular officer, and that person delivers a ruling that depends on his or her interpretation of the evidence and myriad other factors.

The key in gaining approval of an I is demonstrating extreme hardship to the U. But in the case of an I, the spousal beneficiary in question is an adult who violated U.

The I is a request for forgiveness and a pardon for this crime, which is justified by the extreme hardship removal would cause to the petitioner, the U. The law continues to evolve, and candidates for an I should consult an attorney for the best and most relevant guidance.

If you are unsure of the strength of your case or want to know what options you have if you fear that your case is weak, contact our Nevada Immigration Law Offices for a free consultation. The strongest I candidates are individuals who came to the country unlawfully when they were very young, being brought here by family or parents.

This diminishes the severity of the crime materially, but not legally because the person committed it as a minor. Also, such a person will have resided in the United States for a longer period of time.

The strongest I candidates are those beneficiaries who have resided in the United States for at least ten years.

This is not a necessary condition, but it greatly strengthens a case. Cases in which the beneficiary does not work can be and have been approved, but for these cases it is more difficult to establish extreme economic hardship. If the petitioner has a medical, psychological, or other condition that makes the beneficiary a necessary element of care or support, it is easier to demonstrate that removing the beneficiary would cause extreme hardship to the petitioner.

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Extreme medical hardship can also be shown if the petitioner has a severe medical condition and medical benefits in the U. If these dependents have medical, psychological, or other conditions that place extraordinary demands on the petitioner, the claim grows even stronger. All I applicants are considered to have committed the crime of entering the U. Beyond that, beneficiaries who have a clean criminal record make stronger applicants. Serious crimes on the part of the beneficiary would likely result in an automatic denial of the waiver.

Many aliens are not aware of the following restriction: a person who accrues one year of unlawful presence in the United States after and then leaves and re-enters becomes ineligible for an I waiver.

The courts have ruled that officers should take into account the importance of social, community, and family ties in considering an I A couple with a long history in one area can show that the removal of the beneficiary would impact these social ties negatively.

Also, a couple can argue that denial of an I would force the family to relocate outside the country, where it would have to begin from scratch forming these community ties. Those who were born in the United States make the strongest case due to their life-long ties to the country. Naturalized U.

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Proximity of age, length of marriage, and previous relationships are minor factors in Is. A couple with a wide age difference is unusual and therefore suspect. A long marriage shows long-term interdependence that would be disrupted by removing the beneficiary. In the context of a recent marriage, previous relationships namely divorces undermine the case slightly.

Health of Petitioner If the petitioner has a medical, psychological, or other condition that makes the beneficiary a necessary element of care or support, it is easier to demonstrate that removing the beneficiary would cause extreme hardship to the petitioner.

Birthplace of Petitioner Petitioners Those who were born in the United States make the strongest case due to their life-long ties to the country.


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