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Important facts about immigration waivers and extreme hardship

On Behalf of | Dec 13, 2022 | Immigration

More than a quarter of immigrants to the U.S. live in California. While the state offers a number of advantages to immigrants, some individuals trying to make the state their home may experience a denial of their visa by a consular officer on the grounds of inadmissibility. In these instances, you may qualify for a visa waiver due to “extreme hardship.”

Reasons for inadmissibility

The U.S. government’s consular officers may deny immigration visas on an inadmissibility basis for a variety of reasons. Only some of the reasons make you eligible to apply for a visa waiver due to extreme hardship.

If the reason for your inadmissibility involves the following, you cannot apply for a waiver:

  • Drug offenses
  • Spying
  • Terrorism
  • Nazis

If the consular officer finds your inadmissibility is based on these offenses, you may apply for a waiver:

  • Communicable diseases
  • Physical or mental disorders
  • Lacking vaccinations
  • Crimes
  • Immigration law violations
  • Likelihood of needing government assistance

Family member requirements

To qualify for an extreme hardship waiver, you must have one of the following family members living in the U.S.:

  • Spouse
  • Parent
  • Fiancé

Extreme hardship waiver qualifications

To apply for an extreme hardship waiver, you must be able to demonstrate that your family will suffer extreme hardship if you cannot live in the U.S. together. To demonstrate extreme hardship, you may express how your family may suffer if you do not come to the U.S. You may also demonstrate how they would suffer if they followed you to your home country to live.

Proving your case

Supporting your claim of extreme hardship requires you to gather evidence. Consular officers may require witnesses, official documents and financial records. You will also need to fill out specific forms based on your reason for inadmissibility. If you plan to apply for a visa waiver, you may wish to begin gathering your evidence immediately.