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Proving Hardship for a Waiver of Inadmissibility

Posted on in Immigration

Fairfield County immigration waiver of inadmissibility attorneyIf you have been declared inadmissible to the U.S. for certain reasons, you may be eligible for a waiver of inadmissibility. In order to qualify for a waiver, you will need to fulfill specific requirements, one of which may be hardship.

The USCIS Definition of Hardship

To fulfill the hardship requirement, you must prove that a specific member of your immediate family--a “qualifying relative”--would suffer hardship if you are denied admission to the United States. 

A qualifying relative (QR) must be either a U.S. citizen or lawful permanent resident who is a member of your immediate family. For some types of waivers, the relative must be a spouse or parent. For other types of waivers, the qualifying relative may be a spouse, parent, son, or daughter.

USCIS has defined five broad categories of hardship and weighs certain facts more heavily than others. The stronger your overall argument, the better your chance of being granted a waiver. However, there is no specific fact or combination of facts that will always add up to definitive proof of hardship in the eyes of a USCIS official. Rather, a decision will be based on your case as a whole. 

Ways to Prove Hardship in a Waiver of Inadmissibility Application

It is not possible to detail every argument that might be included in your waiver application. To give you a general sense of how you might prove hardship, here are the five broad categories of hardship and a few examples of each: 

  1. Family ties and impact. 
    • Your QR is elderly or disabled and is dependent on your physical and emotional care.
    • A non-QR family member in the U.S. is disabled and dependent on care provided by you and/or your QR.
    • Your QR is in the U.S. military, and separation from you would exacerbate the stresses inherent in military service.
    • Your children’s care would be compromised due to a substantial shift in child caregiving or income earning responsibilities from you to your QR, putting a great burden on your QR.
  2. Social and cultural impact.
    Assuming that your QR would have to relocate to your home country if you are not allowed to immigrate to the U.S.:
    • Your QR would face hardship because they do not speak the language and will have great difficulty integrating into that culture.
    • Your QR holds asylum or refugee status and would be at risk if they leave the U.S.
  3. Economic impact.
    • Your QR would face reduced employment opportunities or a substantial decline in their standard of living in your home country.
    • Your QR would suffer a great loss if they have to sell their home or business in the U.S. and relocate.
  4. Health conditions and care.
    • Your QR has health problems for which quality medical treatment would not be available in your home country.
    • Your QR has health problems which would be exacerbated by separation from you if they remain in the U.S.
  5. Country conditions.
    • The U.S. State Department has issued a high-risk travel advisory for your home country.
    • Your QR is homosexual and would face substantial discrimination in your home country.

Consult a Knowledgeable Stamford, CT Immigration Lawyer 

If you need to prove hardship in order to obtain your immigration visa, an experienced Fairfield County immigration attorney can help you develop the strongest possible argument. Attorney Hector Gonzalez-Velez has been practicing immigration law for over 15 years and has the depth of knowledge you need to win your case. Contact Gonzalez Law Office, LLC at 203-323-1440. 

Sources:

https://www.ilrc.org/sites/default/files/resources/understanding_extreme_hardship_waivers-ab-20180131.pdf

Fairfield County Bar Association Connecticut Bar Association American Immigration Lawyers Association Connecticut American Immigration Lawyers Association
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