If you’ve found yourself in the position of being barred from obtaining a family-based Green Card due to misrepresentation or minor criminal offenses, you’re not alone. Many applicants face these obstacles, but there’s a potential solution: the I-601 Waiver, which allows you to request a waiver for certain inadmissibility grounds, including misrepresentation or past criminal acts.

But there’s a catch – to qualify for the I-601 waiver, you must be able to prove extreme hardship to a U.S. citizen or lawful permanent resident family member (spouse, parent, or child) if you’re not granted the waiver and the application is denied.

What Is the I-601 Waiver and Who Needs It?

The I-601 waiver is used by individuals who are otherwise ineligible for a Green Card due to issues like fraud, misrepresentation, or minor criminal offenses. It provides a legal pathway for you to still obtain lawful permanent residency, provided you meet the stringent hardship requirements.

Thousands of people apply for the I-601 waiver each year, making it a vital part of the U.S. immigration process for families facing separation.

How to Qualify for an Extreme Hardship Waiver

In this blog, we’ll walk you through the specific requirements for proving extreme hardship and how to make your case stronger. Whether you’re dealing with a misrepresentation issue or a minor criminal charge, understanding the documentation needed and the legal arguments involved is crucial to increasing your chances of success in the I-601 waiver process.

To prove extreme hardship for an I-601 waiver, you need to demonstrate that the U.S. citizen or lawful permanent resident (LPR) spouse, parent, or child would experience significant hardship without the waiver.

Types of Evidence to Strengthen Your I-601 Waiver Application

Medical Hardship

Medical conditions of the qualifying relative (U.S. citizen or LPR spouse, parent, or child) that would make it difficult for them to live without the applicant. Provide medical records, doctor’s statements, and details of any ongoing treatments or care needs.

Psychological hardship, including emotional or mental health issues (e.g., depression or anxiety) that may result from separation or relocation.

Financial Hardship

Evidence that the U.S. relative would suffer financially without the applicant’s presence. This could include loss of income, inability to support themselves, or having to incur extra costs. Those may be for care, medical treatment, or support.

Provide tax returns, pay stubs, job letters, bank statements, and any documentation. Show the economic dependence of the U.S. relative on the applicant.

Educational Hardship

Another factor is if the U.S. relative (especially a child) would face significant disruptions in their education if the applicant could not stay in the U.S. Documentation might include school records, letters from teachers or counselors, and details about any special needs the child may have.

The removal of the applicant (or their inability to return) would cause the U.S. relative to suffer and ensue a family structure breakdown.

Letters from friends, family, clergy, or community members can help illustrate the impact of separation or relocation on social connections.

Using Country Conditions and Cumulative Factors in Your I-601 Waiver Case

Country Conditions

Evidence that the applicant or relative would face harm or discrimination. Or, provide evidence that they would experience a significantly reduced quality of life upon returning to the home country. This might include reports from government agencies or international organizations. It could also come from media outlets showing unsafe conditions, political instability, or economic hardship in the applicant’s country.

Cumulative Hardship

The hardship experienced by the U.S. relative is not isolated. If multiple factors (e.g., medical, financial, educational) combine to create a situation of extreme hardship, it strengthens the case.

Explain how the combination of hardships would be more severe than any hardship faced by separated family members.

Documentation Tips for a Strong Extreme Hardship Waiver Application

Gather affidavits or statements from the applicant and U.S. relatives explaining their hardship.
Obtain professional opinions, such as doctors’ letters, psychological evaluations, or financial assessments.
Ensure the evidence is detailed and specific. It must support the claim of hardship in a way that goes beyond a typical experience in family separations.

Why Legal Help Matters for Your I-601 Waiver and Extreme Hardship Waiver

Each case is unique. Tailor the evidence to the specific circumstances of the applicant and their family. It also helps tremendously to have a lawyer put this together and include their Brief (memorandum of law). Their analysis of your situation shows USCIS that your facts qualify you for approval of the I-601 Waiver.

Shepelsky Law Group is exactly the experienced immigration attorney that you need to help you present the strongest case. We have over 22 years of experience and are ready to help you today! Call us today to start your legalization process in the US.