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.

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.

Let’s break down what you’ll need to show to meet the “extreme hardship” standard – and why it’s so important for your family-based Green Card application.

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 if the waiver is not granted. The following types of evidence can help establish extreme hardship:

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 for care, medical treatment, or support.
- Provide tax returns, pay stubs, job letters, bank statements, and any documentation showing the economic dependence of the U.S. relative on the applicant.
Educational Hardship:
- If the U.S. relative (especially a child) would face significant disruptions in their education if the applicant were not allowed to stay in the U.S., this can be a factor. Documentation might include school records, letters from teachers or counselors, and details about any special needs the child may have.
Social and Family Hardship:
- Evidence that the U.S. relative would suffer from emotional or social isolation or a breakdown in family structure if the applicant were removed or unable to return.
- Letters from friends, family, clergy, or community members can help illustrate how the separation or relocation would impact relationships and social connections.
Country Conditions:
- Evidence showing that the applicant or the U.S. relative would face harm, discrimination, or a significantly diminished quality of life if they had to relocate to the applicant’s home country. This might include reports from government agencies, international organizations, or 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 does not need to be considered in isolation. If multiple factors (e.g., medical, financial, educational) combine to create a situation of extreme hardship, it strengthens the case.
- Be sure to explain how the combination of hardships would be more severe than any hardship typically faced by family members when separated.

Documentation Tips:

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, specific, and supports the claim of hardship in a way that goes beyond what is typically experienced in family separations.

Each case is unique, so it’s important to tailor the evidence to the specific circumstances of the applicant and their family. It also helps tremendously to have a lawyer put this togeher and include their Brief (memorandum of law) analyzing your situation and showign 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.