Applying for I-601 Extreme Hardship Waiver

According to the USCIS, the I-601 Waiver (Extreme Hardship) is process by which an immigrant who has been declared inadmissible to the United States may apply to have their bases of inadmissibility waived by the USCIS if they are eligible.

In addition to demonstrating the preliminary eligibility to apply, the applicant must show that their U.S. Citizen relative will differ extreme hardship if the immigrant is not allowed to return to the United States. USCIS reviews a variety of Hardship Factors when evaluating the Harship Waiver application .

Waiver of Grounds of Inadmissibility

According to the guidelines of USCIS, Immigrants are considered inadmissible if they do not have legal status and have accrued unlawful presence while in the United States.

Extreme Hardship Waiver Eligibility

Eligibility is not clearly defined by statute, but USCIS categorizes them in four levels.  The first level is considered the strongest and the fourth Level the weakest.  The following are examples from the USCIS, of each level:

  • Level 1: Someone in the immigrant’s immediate family has a major medical issue and cannot safely travel abroad, making it necessary for the applicant to stay in the U.S. to take care of the individual that has fallen sick.
  • Level 2: Someone in the immigrant’s immediate family has a major medical issue and moving them abroad can prove very difficult, and needs the applicant’s help is required; or if the applicants country is on the edge of a major political issue.
  • Level 3: Someone in the immigrant’s immediate family has a major medical issue and moving them abroad can prove very difficult and moving the family member abroad to a country that has an extremely poor economy, could cause the family member to miss out on needed medical assistance.
  • Level 4: The remaining immigrant’s relatives do not have the ability to pay for the care needed for the sick family member or the relative’s parents are aging

Waivable Factors of Inadmissibility

Pursuant to USCIS policy, only some factors of inadmissibility are waivable by an I-601 application.  For more information and guidelines on the I-601 (Extreme Hardship) Waiver contact Elevated Family Law for a free consultation and speak to Immigration Attorney Michelle Lee Hornsby. She will evaluate your case history, help determine your grounds of inadmissibility, and discuss your eligibility to apply for a I-601 Hardship Waiver.  Call today (970) 797-4757.


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