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The ‘hardship waiver’ and how it can help you

On Behalf of | Jun 10, 2024 | Immigration

U.S. laws can make it very difficult for individuals to apply for a visa. It could be especially difficult for individuals who cannot legally enter the country due to health reasons, a criminal past or even previous immigration violations.

This situation becomes all the more stressful if they have loved ones in the U.S. who depend on them. What can they do then?

Hardship waivers could be an option

It may be possible to overcome the obstacles of inadmissibility through forms I-601 and I-601A.

These are known as hardship waivers or waivers of unlawful presence for entry. They require you to explain how a living relative in the U.S. would experience great hardship if you were not allowed to enter the country.

You can demonstrate hardship in two ways:

  1. What would happen to your loved one if you could not enter the U.S., such as their poor health conditions or financial dependence on you.
  2. The effect it would have on them if they had to follow you back to your native country, such as the effect of violence, war or discrimination occurring in that area.

It is important to understand that obtaining a waiver does not automatically mean you can get a visa. It allows you to become eligible to apply for a visa, even if you are in the U.S. unlawfully.

How do you prove hardship?

You will need to provide solid evidence that your loved one would suffer great hardship without your presence. Depending on the reason for hardship, you can prove it by obtaining evidence such as:

  • Medical records
  • News reports documenting events in your native country
  • Experts endorsing your situation and your arguments
  • Financial documents proving dependency

The U.S. has strict immigration laws which could make it difficult to enter the country. With the right steps and clear guidance, you may be able to achieve your goals and be with the people that you love.