Understanding Extreme Hardship Waivers in the US

Are you facing immigration issues that may result in your removal from the US? If so, an extreme hardship waiver may be a viable option for you. An extreme hardship waiver allows certain individuals who would normally be barred from entering or remaining in the US to stay in the country due to extreme hardship to a US citizen or legal permanent resident spouse or parent. In this blog post, we will answer the top 10 frequently asked questions about extreme hardship waivers in the US.

What is an extreme hardship waiver and who is eligible to apply for one?

An extreme hardship waiver is a legal mechanism that allows certain individuals who would normally be barred from entering or remaining in the US to stay in the country due to extreme hardship to a US citizen or legal permanent resident spouse or parent. To be eligible for an extreme hardship waiver, the individual must be able to demonstrate that their qualifying relative would suffer extreme hardship if the individual were removed from or denied entry to the US.

What are the grounds for an extreme hardship waiver?

The grounds for an extreme hardship waiver are based on the potential impact on the US citizen or legal permanent resident spouse or parent. Common grounds include medical issues, financial hardship, separation from family, and cultural adjustment issues.

What are the supporting documents required for an extreme hardship waiver application?

The supporting documents required for an extreme hardship waiver application vary depending on the individual case and circumstances. Generally, applicants must provide evidence to support their claim of extreme hardship, including medical records, financial documents, and letters from family members and community leaders.

How long does it take to process an extreme hardship waiver application?

The processing time for an extreme hardship waiver application varies depending on the individual case and circumstances. Typically, it can take several months or longer for USCIS to review and make a decision on an extreme hardship waiver application.

Can I appeal a denial of my extreme hardship waiver application?

Yes, individuals can appeal a denial of their extreme hardship waiver application. The appeal process involves submitting a request for review to the USCIS Administrative Appeals Office (AAO).

Will my application for an extreme hardship waiver affect my eligibility for other immigration benefits in the future?

No, an application for an extreme hardship waiver will not affect an individual's eligibility for other immigration benefits in the future.

Can I apply for an extreme hardship waiver if I am in removal proceedings?

Yes, individuals in removal proceedings may be eligible to apply for an extreme hardship waiver.

Do I need an immigration attorney to help me with my extreme hardship waiver application?

While it is not required to have an immigration attorney, it is highly recommended to seek the assistance of an experienced immigration attorney when filing an extreme hardship waiver application.

What are the success rates for extreme hardship waiver applications?

The success rates for extreme hardship waiver applications vary depending on the individual case and circumstances. However, having a strong case and providing comprehensive documentation can increase the chances of a successful application.

What happens if my extreme hardship waiver application is approved?

If an individual's extreme hardship waiver application is approved, they will be allowed to enter or remain in the US despite the grounds that would have otherwise barred their entry or continued presence.

At AG Law Firm, our experienced immigration attorneys can help you determine if an extreme hardship waiver is right for you and guide you through the application process. We understand the complexities of immigration law and can provide you with the legal assistance you need to achieve your goals. Contact us today to schedule a consultation.