Do I Need a Waiver?

If DHS or the U.S. Department of State (consulate) alleges:

(a) you have committed fraud or a material misrepresentations; or

(b) if you were convicted of crime; or

(c) have immigration violations like visa overstays , unlawful presence, undocumented entries or otherwise violated the law.

You may need a waiver in order to receive an immigration benefit. Most waiver’s use the standard of “extreme hardship.”

What is an Extreme Hardship Waiver?

Certain immigration violations my be forgiven with a waiver if you are eligible. It allows you to file for a green card. Waivers generally require a qualifying relative: such as a U.S. citizen or green card spouse or parent. In most instances your U.S. born children to not qualify as your relative for a waiver. The standard used is “extreme hardship.” Generally speaking, proving extreme hardship means showing that the hardship suffered by someone is above and beyond that which a normal person might suffer when separated by removal. This same standard is used for a variety of waiver types, including those for unlawful presence in the U.S., misrepresentation or immigration fraud, and certain criminal convictions. Here at the Law Offices of Marcia I. Perez we dig deep into the difficulties of your life to find extreme hardship where other attorneys may have overlooked your qualifying factors. We analyze your ties to the U.S., determine if an aging parent, sick family member, or difficult childhood cause you extreme hardship. We explore your relationships and any issues that you may have had in life to meet the “extreme hardship” standard.

When is an Extreme Hardship Waiver Required?

You must file an I-601 or I-601A extreme hardship waiver if you are “inadmissible” to the United States for one or more of the following reasons: unlawful presence, misrepresentation/fraud, or crimes involving moral turpitude.

• Unlawful Presence (3-year bar, 10-year bar): Unlawful presence is accrued when a person is in the United States without lawful status. If you have entered the United States “without inspection,” meaning you entered the United States without interacting with a Customs and Border Protection officer, you begin accruing unlawful presence the moment you arrive in United States. If you enter the United States with a visa and overstay the amount of time in the United States allowed by that visa, you are accruing unlawful presence. If you have accrued more than six months but less than one year of unlawful presence, you face a three-year bar of inadmissibility. If you have accrued more than one year of unlawful presence, you face a ten-year bar of inadmissibility.

• Misrepresentation/Fraud: If you have obtained or attempted to obtain an immigration benefit by willfully presenting fraudulent documents or false information to an immigration officer or on an immigration application, you are inadmissible. It should be noted that an allegation of marriage fraud is a lifetime bar. So it is especially important that any marriage fraud allegations be challenged. Marcia I. Perez is an expert in representing clients in marriage fraud cases with near 30 years of experience and a high success rate.

• Crimes Involving Moral Turpitude: If you have been convicted of or admitted to committing a crime involving moral turpitude (CIMT), you are inadmissible. A CIMT involves engaging in morally reprehensible and intrinsically wrong conduct with willful, reckless, or malicious intent. Something as small as stealing a $5 item can be a CIMT.

How do I get my Extreme Hardship Case Approved?

Extreme hardship waivers may be available in certain instances where a person who is otherwise inadmissible to the U.S., can show that not being admitted into the country would cause extreme hardship for a “qualifying relative.” USCIS requires strong evidence that the qualifying relative would face extreme hardship in the U.S. if the otherwise inadmissible individual was not let into the country (be granted a green card) or strong evidence that the qualifying relative would face extreme hardship in the home country if forced to leave the U.S. Notably, children are not usually included as qualifying relatives, but hardships to children can be an important part nevertheless, because hardships to children are frequently hardships to spouses and parents.

There is no clear definition of “extreme hardship” in U.S. law. Instead, USCIS adjudicators will take into account a range of relevant factors in order to decide on a case-by-case basis if extreme hardship exists for the qualifying relative. Factors such as:

• The emotional and financial impact on the qualifying relative, children and aging sick parents the U.S. citizen cares for

• The immigrant’s age at the time of entry and length of U.S. residency in the United States

• The impact of the U.S. spouse inhaling to care for the children by themselves

• The ages of the waiver applicant’s children

• The ability of the applicant’s children to speak the native language should they be forced to return

• The ability of the applicant’s children to adjust to life in the country of origin should they be forced to return

• The availability of medical treatment needed by a qualifying relative in the country of origin

• Contributions the applicant has made to the U.S. community

• Ties the qualifying relative has to the their U.S. community

Not all factors will be given the same weight. It is within the discretion of the USCIS officer reviewing the application to determine whether or not a waiver pursuant to extreme hardship is merited.

Do I Need A Lawyer for an Extreme Hardship Waiver?

If you are interested in learning more about obtaining an extreme hardship waiver, the Law Office of Marcia I. Perez is here to help. Our immigration attorney is well-versed in inadmissibility and waiver issues and will help you understand the hardship requirement and application process, work with you on the gathering of evidentiary documents, and prepare a detailed waiver application based on your individual situation.

To learn more about how the Law Office of Marcia I. Perez can help you obtain an extreme hardship waiver, please call us at or schedule a consultation online.