Generally, the I-601 waiver application must be accompanied by a detailed statement of the extreme hardship the immigrant visa applicant’s spouse or parent would face should the applicant be refused entry to the United States. This waiver is also available for fiancé visa applicants who were denied a K1 visa based on one of the grounds of inadmissibility.
All claims of extreme hardship must be supported by documentary evidence or explanation specifying the hardship. Extreme hardship must go beyond the normal hardship of family separation and financial inconvenience. Instead, extreme hardship can be demonstrated in many aspects of the qualifying relative’s life such as:
HEALTH - Ongoing or specialized treatment requirements for a physical or mental condition; availability and quality of such treatment in the applicant’s country, anticipated duration of the treatment; whether a condition is chronic or acute, or long-or short-term.
FINANCIAL CONSIDERATIONS - Future employability; loss due to sale of home or business or termination of a professional practice; decline in standard of living; ability to recoup short-term losses; cost of extraordinary needs such as special education or training for children; cost of care for family members (i.e., elderly and infirm parents).
EDUCATION - Loss of opportunity for higher education; lower quality or limited scope of education options; disruption of current program; requirement to be educated in a foreign language or culture with ensuing loss of time for grade; availability of special requirements, such as training programs or internships in specific fields.
PERSONAL CONSIDERATIONS - Close relatives in the United States and /or the applicant’s country; separation from spouse/children; ages of involved parties; length of residence and community ties in the United States.
SPECIAL FACTORS - Cultural, language, religious, and ethnic obstacles; valid fears of persecution, physical harm, or injury; social ostracism or stigma; access to social institutions or structures.
This list is not all inclusive, and any other situation that the applicant feels may help meet the burden of extreme hardship should be explored. Furthermore, the evidence supporting the claim of extreme hardship should be as detailed as possible.
Please contact us to discuss your waiver options.
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