How can I demonstrate extreme hardship to obtain an I-601A waiver?

How can I demonstrate extreme hardship to obtain an I-601A waiver?

If you have any questions related to immigration, call us today at (619) 746-8879

Demonstrating extreme difficulty in obtaining the I-601A waiver is a process that must be undertaken with qualified legal advice to increase the chances of success of such an important but, at the same time, cumbersome procedure.

To know everything it entails, it is essential first to define what the I-601A waiver is. This is a figure that people who were denied admissibility into the United States for different reasons can apply for.

With this resource, what is sought is to rule out the reasons that make a person inadmissible – or ineligible to adjust their status or obtain their visa – for various reasons, ranging from illegal presence in the United States, immigration fraud, or having committed certain crimes, among others.

Thus, the immigrant must submit to the United States Citizenship and Immigration Services (USCIS) the request regarding inadmissibility in which they will attempt to demonstrate that the denial of the forgiveness will give rise to “extreme hardship” for the US citizen or legal resident family member, which is legally known as a “qualifying family member.”

Some of the requirements that are required of those interested in submitting an I-601A waiver application are the following:

• Be over 17 years old
• Have an approved family petition
• No irregular entries and exits from the United States on record
• No previous deportations
• No serious crimes committed

It is also important to note that spouses or parents who are US citizens or legal permanent residents can help a person qualify for the I-601A waiver. Other family members, such as siblings or aunts and uncles, cannot help you with this application.

To submit an I-601A waiver application – online or by mail – the applicant must complete form I-601A and attach, in addition to the duly approved form I-130, an identification document and a letter of explanation summarizing why the person needs the pardon, as well as evidence that the spouse or parents who help qualify for the forgiveness are US citizens or lawful permanent residents.

What qualifies as an extreme hardship to apply for an I-601 waiver?

The extreme hardship waiver can help illegal immigrants obtain a visa and avoid deportation or being barred from re-entry into the United States as long as they can prove that being deported or barred from re-entering the country would cause extreme hardship to a relative or a United States legal permanent resident or citizen.

From this perspective, extreme hardship is defined as a circumstance that negatively unusually affects a person’s life or that goes beyond the typical hardships caused by an inadmissibility.

It is up to the United States Citizenship and Immigration Services (USCIS) to decide what is considered extreme hardship to grant an I-601 waiver. In that sense, the difficulty levels are divided into four:

• Level 1: In this case, the immigrant’s relative suffers from a serious medical condition that prevents them from traveling abroad or makes it very difficult for them to move abroad, which means that the immigrant must remain in the US to care for them. Also, whether the immigrant country is going through an active war or experiencing a severe political upheaval is considered here.
• Level 2: The immigrant’s relative suffers from a severe medical condition that makes it impossible for them to move abroad and for which they need the immigrant’s help. Also, at this level, it is evaluated whether the immigrant’s country has a very vulnerable or poor economy.
• Level 3: The immigrant’s relative has a significant condition that makes it difficult for them to move from the US.
• Level 4: The immigrant’s relative would be unable to pay their debts if they move abroad or the relative’s parents are aging.

What factors does USCIS take into account when deciding extreme hardship cases?

Common consequences of inadmissibility are generally not considered extreme hardship circumstances by the United States Citizenship and Immigration Services (USCIS).

These consequences of inadmissibility include family separation, job loss, fewer quality educational opportunities, reduced access to medical services, inability to be employed in the country of relocation, and other social or cultural circumstances that result from readjusting to life abroad.

However, USCIS also considers the totality of the circumstances when making a decision. This means that although the consequences of inadmissibility are not evaluated on their own as extreme difficulties, there may be a “cumulative” evaluation of all of them. So, if an applicant can demonstrate that their family member will suffer several of these consequences, USCIS could determine that the situation escalated to extreme hardship.

When deciding on cases of extreme hardship, USCIS also evaluates other factors, such as those mentioned here:

• Economic, social, and cultural impact.
• Family ties.
• Healthy conditions.
• Conditions of the migrant’s country.
• The status of the migrant (for example, holding temporary protected status or VAWA applicant status, which protects the rights of foreign national victims against domestic violence, abuse, or assault and battery).
• Migrant’s age: if a minor can demonstrate that they would suffer an extreme circumstance if their father or mother cannot remain in the United States.

In cases where there is a victim of a certain type of crime or domestic violence, USCIS may take other conditions into account to make a decision:

• If you are a victim of a crime, the type or degree of physical or mental abuse you may have suffered.
• The consequences of you or your family member losing access to the courts or the US criminal justice system.
• In cases of domestic violence, the protection of the victim is not guaranteed in the country of origin or the ability of the aggressor to travel to the country of origin.

What type of evidence can help demonstrate extreme hardship?

The evidence you can present to demonstrate extreme hardship and obtain I-601A permission is varied and may include:

• Medical documents, such as reports or proof of medical visits where all the data on the disease are specified (type, duration, whether it is chronic or acute).
• Financial documents, such as bank statements, tax returns, and recurring bill payments.
• Educational records, such as school acceptance letters, transcripts, or anything that helps you demonstrate that inadmissibility will cause your studies to be discontinued.
• Supporting documents, such as those reports from the US Department of State where the instability of the immigrant’s country of origin is proven. This section includes any affidavit that specifies language, cultural, religious, and ethnic barriers that could cause extreme hardship to the qualifying family member.

What can I do if they rule out extreme hardship and deny me an I-601A waiver?

In this case, you will have 30 days to appeal the decision. You must file a Form I-290B, Notice of Appeal or Motion, and pay $670. If this appeal is also denied, all that remains is to turn to the federal courts.

Receive advice from the experts at Kannan Law to verify extreme hardship

In general, the rules of inadmissibility in the United States are very complicated, which is why it is important to have the advice of an attorney familiar with what the federal and immigration courts have established on the subject.

It is recommended that you consult with experienced immigration attorneys before applying to demonstrate extreme hardship and obtain I-601A permission. Contact an immigration attorney in San Diego. At Kannan Law, we are ready to serve you, evaluate your petition, and help you present a complete and compelling application.