Proving extreme hardship is often necessary if a foreign national wishes to obtain a visa and remain in the US. To properly prove extreme hardship, the applicant must demonstrate that their own circumstances or their qualifying relative’s conditions meet the definition of “extreme hardship,” a term defined by the USCIS.
Generally, extreme hardship means “exceptional and extremely unusual” hardship.
Relevant factors to provide evidence of extreme hardship include:
• Family ties to the US: This will require demonstrating the extent of familial relationships such as the duration of the relationship and the nature of the relationship to the foreign national and their age, health, and financial situation.
• Financial Impact: This requires demonstrating the financial burden on the foreign national and/or qualifying relative if the foreign national is denied entry into the US. Evidence of financial contributions the foreign national has made to the qualifying relative should be addressed.
• Medical Needs: This should include a doctor’s note that details the treatments and medications needed, as well as a description of how the foreign national’s inability to enter the US can have a negative impact on their care.
• Education: To prove educational hardship, a foreign national should include letters from teachers or counseling staff that explain what their presence would have done for their educational development.
• Special Circumstances: Depending on the type of petition, a foreign national might need to address any special circumstances that would particularly cause extreme hardship if the petition is denied.
For example, if the foreign national is applying for a 212(h) waiver due to a criminal conviction, they must prove they have rehabilitated and should be allowed to stay in the US.
To establish extreme hardship, it is critical to provide as much evidence as possible – medical documents, birth certificates, financial records or other relevant materials – to prove a qualifying relative’s situation and the consequence of being denied a visa.
An experienced immigration attorney can help ensure the foreign national presents the strongest case possible and provides all the information necessary to establish extreme hardship.
What is considered an extreme hardship?
Extreme hardship is a very subjective term and is generally defined as a significant, observable and unavoidable suffering that is caused by a denial or termination of a particular action, such as a deportation.
It is usually characterized by an unbearable level of hardship, hardship that would be considered uncommon or extraordinary when compared to the hardships usually encountered in everyday life. The effects of extreme hardship are usually physical, psychological, financial, or educational effects that are felt by the individual and/or their family.
Examples of extreme hardship that could result from a denied or terminated application include prolonged separation of the individual and family, displacement of the individual and family from their home, serious financial losses, death or permanent impairment that results from being deprived of life-sustaining medical treatment, being subjected to abuse or persecution due to race, religion, ethnicity, political opinion, gender, or social group, or being denied access to education, employment or other resources that are necessary for a successful life.
It can also include psychological or physical suffering, such as depression, anxiety, fear, or physical harm, that can result from the denied or terminated action. The individual or family must be able to prove that this hardship is directly related to the denied or terminated action and is severe enough to justify granting the individual or family an exception.
Who is a qualifying relative for extreme hardship?
A qualifying relative for extreme hardship is a family member of a US citizen or lawful permanent resident who is directly affected by the US citizen or lawful permanent resident’s inadmissibility/removability.
To qualify for extreme hardship, the qualifying relative must be a parent, spouse, or unmarried child under the age of 21. For spouses, stepparents, adoptive parents and adoptive children, the familial relationship must have been established prior to the age of 16 of the qualifying relative.
The qualifying relative must demonstrate that he/she would suffer “extreme hardship” if the US citizen or lawful permanent resident spouse or parent were denied admission to, or removed from the U. S.
The United States Citizenship and Immigration Services (USCIS) may also consider the impact extreme hardship would have on other family relatives including: brothers, sisters, grandparents, aunts, uncles, nieces and nephews.
In extreme hardship cases, it is important that the qualifying relative demonstrate that the hardship would significantly and adversely affect the US citizen or lawful permanent resident in a manner beyond than the typical disruption of family life that may occur when an individual is denied admission or removed from the United States.
USCIS will review different categories of hardship when considering extreme hardship claims. These categories include: health, financial, educational, personal or cultural considerations such as marriage, death or termination of employment.
It is important to note that extreme hardship claims have become increasingly difficult to prove and will vary case by case. It is best to consult with an experienced immigration attorney to ensure that all grounds for extreme hardship are thoroughly explored and appropriately documented.
What evidence do you need for emotional distress?
Evidence of emotional distress can take many forms and may vary depending on the context and seriousness of the situation. Generally, when a person claims to have suffered emotional distress, they must provide evidence to prove that the distress was a result of the actions of another person, entity, or situation.
This evidence can come in the form of medical reports, eyewitness testimony, records of physical injury, documents of lost work or inability to work, and other records of emotional or psychological trauma.
In many cases, psychological or emotional evidence of emotional distress is harder to prove than physical evidence, as emotional repercussions are more subjective and not always externally visible. To that end, medical records or reports from a mental health professional may be used to provide evidence that an individual experienced emotional distress.
Psychological testing, such as comprehension and memory tests, can also be used to measure emotional distress and/or provide evidence to back up a claim.
Additionally, evidence of emotional distress can also come from written records, such as emails, text messages, social media posts, and journal or diary entries, that can serve to show the mindset of the person making the claim at the time the emotional distress was experienced.
What are the 5 signs of emotional suffering?
The five signs of emotional suffering can include feeling overwhelmed, having drastic mood swings, seeming distant, displaying withdrawal behaviors, and having physical symptoms like headaches or changes in eating habits.
Feeling overwhelmed can manifest itself in various ways such as constantly worrying, difficulty functioning, feeling anxious, hopelessness, and being easily agitated.
Having drastic mood swings can appear as sudden outbursts of anger, sadness, or irritability, or sudden changes in energy levels.
Seeming distant and disengaged from the world around them can be an indication of emotional pain. People in emotional distress may often avoid social activities and seem to be disconnected from family and friends.
Withdrawal behaviors, such as not engaging in activities they once enjoyed or isolating themselves from others, can also be signs of emotional suffering.
Physical symptoms, such as headaches, changes in appetite and sleep, or physical indicators of stress, can also be indications that someone is emotionally suffering. People may also exhibit unexplained physical ailments such as stomach issues, unexplained aches and pains, or restlessness.
If you recognize any of these signs in someone you care about, it is important to provide them with a safe and supportive environment where they can express their feelings and get the help they need.
How long does it take to get an extreme hardship waiver?
The exact time it takes to get an extreme hardship waiver can vary significantly from case to case. The amount of time it takes to put together the supporting documents that prove extreme hardship can be significant.
Additionally, the processing times can also vary depending on factors like the workload of the agency reviewing the application, or if any additional evidence needs to be submitted. That said, the typical processing time for an extreme hardship waiver tends to be anywhere between 6 months and a year before an approval or denial is received.
How long does it take for the waiver to be approved?
It typically takes around two to three weeks for a waiver to be approved, depending on the complexity of the waiver and how quickly the necessary documents can be obtained and processed. Once the waiver is approved, your status as a non-immigrant alien in the United States will be adjusted so that you can stay in the United States legally and in compliance with applicable immigration laws.
Depending on your status and the type of waiver, you may additionally need to go through further procedures, such as additional interviews or background investigations. Other factors such as backlogs in the immigration system can influence the time frame of the process.
Can you be denied a waiver?
Yes, you can be denied a waiver depending on the individual circumstances. Waivers can be denied for a variety of reasons, including not meeting eligibility criteria, failing to provide necessary documentation, incorrectly completing the waiver application or even providing false or inaccurate information.
In some cases, a waiver may be denied if the applicant’s circumstances have changed since the initial application. The best way to make sure that a waiver is not denied is to fill out the application completely and accurately, and include all requested documentation.
Additionally, it’s important to make sure to submit the application with full payment when applicable. Depending on the type of waiver being applied for, applicants may also need to demonstrate hardship or a good cause to get their waiver approved.
How long does USCIS approve fee waiver?
USCIS generally takes 90 days or less to approve or deny a fee waiver request. However, since processing varies, it is best to check the USCIS website for specific timelines for the type of application being submitted.
Generally, USCIS will notify applicants of a decision on their fee waiver request within 15 days of filing, if the agency requires more information or documentation to process the request, it may take more than 90 days.
To ensure that USCIS reviews your fee waiver request quickly, it is important to complete the application and attach all requested documents, like proof of income, at the time of filing. If additional information is required, then it is important to provide that within 30 days if the request.
How fast can I get a U.S. waiver?
The timeline of getting a US waiver depends on the type of waiver you are getting and the backlog of applications at the US Department of Homeland Security. Generally, the procedure for a US waiver takes about three to six months.
However, if there is a backlog of applications with the US Department of Homeland Security, it can take longer – sometimes up to a year or more.
In the case of waivers that are granted by the US Department of State, such as a J1 visa waiver, it is even more difficult to predict the speed of processing, because they must be reviewed by several federal agencies.
That process can take up to several months or even a year or more depending on the backlog of cases.
In other cases, some US consulates or embassies may allow for an expedited waiver process for certain types of waivers. This can potentially reduce the processing time, depending on the individual circumstances of your case.
Overall, the speed at which you will be able to get a US waiver largely depends on the backlog of applications with the relevant agency and the type of waiver you are trying to obtain.
Does USCIS still accept fee waivers?
Yes, USCIS still accepts fee waivers. Fee waivers are available for certain forms and fees, including forms related to naturalization, Form N-400, Form I- 90, and Form I-130. Fee waivers are available for fee waivers, such as the biometrics fee, application processing fee, and biometric services fee.
Fee waivers are granted on an individual basis and require the applicant to demonstrate that they meet certain income, disability, or other eligibility criteria. If a fee waiver is granted, the applicant may be able to pay no fees at all or may be required to pay a reduced fee.
Applicants should review the fee waiver requirements on the USCIS website and contact USCIS if they have any questions.
What evidence must I submit with Form I 601a?
When filing Form I 601a, you must include supporting evidence that demonstrates that you meet the requirements of the provisional unlawful presence waiver. The specific evidence you must submit varies based on the individual facts of your case, and the USCIS website provides detailed instructions on what documents to provide.
Generally speaking, you must provide evidence of your identity, that you have a qualifying relative, proof that your qualifying relative is a U. S. citizen or lawful permanent resident, evidence that you meet the continuous presence requirement, proof of lawful entry or inspection, evidence that you merit a favorable exercise of discretion, evidence of the extreme hardship that may result if the waiver isn’t approved, and proof of good moral character.
You may also be required to provide evidence that you’ve paid the filing fee, a medical examination, and evidence of any past deportations, removals, or other grounds of inadmissibility.
What are the requirements for I-601A waiver?
In order to be eligible for an I-601A waiver, applicants must meet the following criteria:
• They must be physically present in the United States at the time of filing the waiver application. For example, they cannot be outside of the country when submitting their waiver.
• They must have an approved immigrant visa petition in order to obtain the waiver. This is usually an I-130 or I-140 petition filed by a qualifying relative or employer.
• They must have a qualifying relative who will suffer an extreme hardship if the waiver is denied. Generally, qualifying relatives include a U. S. citizen spouse or parent, or a lawful permanent resident spouse or parent.
The extreme hardship must be more than simply the financial or emotional hardship normally associated with the permanent separation of family members.
• They must demonstrate that the conditions which make them inadmissible can be overcome by demonstrating the extreme hardship their qualifying relative would suffer if the waiver is denied.
• They must demonstrate that they have good moral character in order to be pardoned for the conditions which make them inadmissible.
• They must pay the filing fee of $930, along with any applicable biometrics fees, when filing the I-601A waiver application.
What are supporting documents for I 601?
Supporting documents for Form I-601, Application for Waiver of Grounds of Inadmissibility, include an affidavit of support, police certificates, evidence of your lawful immigration status in the U. S.
, copies of any relevant court orders and documents concerning your circumstances that led to your inadmissibility.
Depending on why you’re inadmissible, you may need to provide evidence that you have paid all applicable taxes owed, documents regarding any civil or criminal court proceedings during your stay in the U.
S. , evidence that you won’t become a public charge in the U. S. , financial and medical records, and documents demonstrating the extreme hardship that you or an immediate relative would face if your waiver is denied.
In addition, documents may be requested from third parties, such as letters from a local church or your employer to show your rehabilitation, if you are applying for waiver on the basis of certain criminal grounds.
It’s important to include all relevant documents that you have in your case, including translations of documents not in English. You may also be called upon to appear for an interview with the U. S. Citizenship and Immigration Services (USCIS).
Why would a I-601 waiver get denied?
A Form I-601, or Application for Waiver of the Foreign Residence Requirements of Section 212 of the Immigration and Nationality Act, may be denied for a variety of reasons. The applicant, a foreign national residing in the United States, must prove that they are eligible for a waiver of the foreign residency requirements due to “extreme hardship” to certain qualifying family members who are United States citizens or lawful permanent residents.
One of the most common reasons that I-601 waivers get denied is due to a failure to demonstrate that the applicants’ foreign residence would cause extreme hardship to their qualifying family members.
The term “extreme hardship” isn’t precisely defined in the law and can vary from case to case. An applicant must provide detailed evidence of the hardship that their family members would face, such as medical, financial, and psychological impacts, if the waiver is not granted.
In addition, the I-601 waiver may be denied if the applicant is inadmissible to the United States based on certain criminal or security grounds or because they have submitted fraudulent documents in the past.
The applicant must provide evidence showing that they are not inadmissible or that they are eligible for a waiver of inadmissibility in order for their application to be approved.
Finally, the I-601 waiver can also be denied if the applicant fails to submit the required documentation or pay the applicable fee. Applicants should make sure to submit all necessary documents and the correct fee amount to ensure that their I-601 waiver is not denied.
