A foreign national may be deemed inadmissible to the United States, rendering them ineligible to receive a visa or to become a lawful permanent resident (LPR). Generally, when an immigrant is already living in the country and has un-waived grounds of inadmissibility they will be subject to removal. However, if an immigrant has a qualifying U.S. relative, they may be eligible to apply for an extreme hardship waiver. Please continue reading to learn how you can prove extreme hardship for immigration purposes and why connecting with a qualified Essex County Immigration Attorney is in your best interest.
What is Extreme Hardship?
Extreme hardship is defined by the U.S. Citizenship and Immigration Services (USCIS) to mean hardship that is greater than what a qualifying relative would experience under normal circumstances if the immigrant were not allowed to enter or stay in the U.S. It’s important to understand that it’s not enough to simply show that your U.S. relative will miss you because this would be expected under any type of separation. To prove that a family member would experience extreme hardship, you must provide evidence of one or more of the following areas:
- Health (medical or psychological)
- Financial
- Education
- Personal considerations (family ties, length of residence in the U.S., etc.)
- Special factors (religious obstacles, credible fears of persecution, social ostracism)
- Country conditions
Keep in mind that there are no specific laws or regulations that define what constitutes “normal” versus “extreme” hardship. Essentially, this means that the evidence provided for each waiver application will be reviewed on a case-by-case basis.
What Kind of Evidence Can I Use?
To prove extreme hardship, you will need substantial evidence. The evidence you must submit with your waiver application should begin with your relative’s statement in which they describe all the types of extreme hardship that living outside of the U.S. would cause or that living in the U.S. without you would cause them. It’s important to note that the evidence you need is not about the hardship you will experience, but how the situation will affect your U.S. relative. The following evidence can be used to support your petition:
- Affidavits from the qualifying U.S. relative or other individuals with legal status who are in the position to validate the claimed hardship
- Expert opinions from those who can speak to country conditions
- Medical records or evaluations by medical professionals
- Records of membership in community organizations, volunteer confirmation, and evidence of cultural affiliations
- Tax returns or pay statements as evidence of your household income
- Statements showing any debts that need to be settled in the U.S.
- Copies of the qualifying U.S. relative’s professional and educational credentials
- Country reports issued by the U.S. Department of State or other governmental human rights organizations that outline the human rights or other difficult conditions of your home country
Proving extreme hardship for a waiver can be difficult. As such, it’s in your best interest to enlist the help of an experienced attorney from the Law Offices of Christopher T. Howell, Esq., who can help you gather the best evidence to support your arguments. Connect with our firm today to learn more about what we can do for you.
