Hardship Waivers (I-601, I-601A, I-212)

What is a Hardship Waiver?

In many cases of immigration to the U.S., an individual leaves their country to seek a job and provide a better life for their loved ones who remained in their native country,. in the hopes that their family would one day be able to join them in the U.S. This is a very common story of immigration to the U.S., yet it can still be incredibly challenging to bring relatives and loved ones here through the route of obtaining a green card or immigrant visa. It’s highly probable that your relatives living in your home country are determined to be inadmissible to the U.S. and are consequently ineligible for a visa. However, this is not the end of the line. There are still ways to be reunited with your loved ones,. and one of those ways is by filing a hardship waiver. Filing a hardship waiver is a notoriously complex process,. as there are many different types of hardship waivers depending on the background and circumstances of your relative (such as the I-601, I-601A, or the I-212). Therefore, having skilled legal counsel to make sure you are correctly following the process of filing a hardship waiver is your best chance at bringing your loved one to the U.S. At Brooks Law, we know how heartbreaking it can be when you’re separated from those that you love,. but being denied a visa is not the end of the line for your relative or loved one to live in the U.S. with you. If you are trying to bring a relative or loved one into the U.S. and are looking to file a hardship waiver,. read below to see how Brooks Law can help.

What Exactly Is a Hardship Waiver?

A hardship waiver is essentially a request to the U.S. government to approve a green card or immigrant visa application despite the fact that the person was previously deemed inadmissible to the U.S. and therefore ineligible for a visa or green card.

There are multiple different forms of hardship waivers,. and which form the applicant would fill out is entirely dependent on their background and circumstances. Look for the section on these specific forms to determine which is the best option for you or your loved one (either an I-601, I-601A, or I-212).

The purpose of the hardship waiver is to protect certain lawful permanent residents (like visa or green card holders) or U.S. citizens from experiencing extreme hardship caused by their foreign-national relatives having been denied admission into the U.S.

It’s important to note that the purpose of a hardship waiver is not to protect the immigrant themself from experiencing hardship as a result of being denied entry into the U.S. Unless, that is, it directly relates to creating a hardship for the relative located in the U.S. (such as a situation in which the immigrant was the primary wage earner for the family and would no longer be able to make money which would strain the relationship with the U.S. resident).

Additionally, a hardship waiver is not a route to bypass all visa or green card denials,. and there are specific eligibility criteria for who will be considered for a hardship waiver. However, once USCIS approves the hardship waiver,.the applicant can move forward with an application for an immigrant visa or green card.

Which Form Is Right For Me: I-601, I-601A, or I-212?

One of the most challenging aspects of submitting a hardship waiver is understanding which form is right for your situation. The most common form is the I-601,. which you would fill out and submit with supporting documentation to either the U.S. embassy or with the U.S. Citizen and Immigration Services (USCIS).

The I-601 is also known as an application for a Waiver of Grounds of Inadmissibility. The I-601 form allows a non-U.S. citizen to immigrate to the U.S., adjust their status to permanent residence,. or attempt to apply for admission to the U.S. in a non-immigrant status if certain grounds for inadmissibility,.circumstances, or conduct prevent them from being admissible to the U.S. In order to submit an I-601 hardship waiver,. the applicant must be able to decidedly show that their qualifying relative who legally resides in the U.S. would suffer a hardship that is considerably worse than the level of hardship associated with any separation of family members. 

In order to have your I-601 application approved,.the applicant and their relative must submit descriptions that quantify the extreme hardship that the relative would face if the applicant were denied admission to the U.S., substantial documentation that supports those claims,. and other favorable factors that build a stronger case.

Favorable factors could include evidence of the applicant’s positive moral character,. community service, community ties, achievements, and other positive characteristics that the applicant possesses. Favorable factors listed in the I-601 application require extensive documentation, as any hardship waiver is subject to extreme scrutiny.

Lastly, it’s essential that the applicant provide information on any possible grounds of inadmissibility, such as criminal convictions,. immigration violations, medical conditions, etc. Failing to disclose any possible grounds for inadmissibility could compromise the applicant’s ability for admission to enter the U.S. in the future.

The next hardship waiver you could submit is the I-601A form. If you have been illegally residing in the U.S. for more than 6 months and less than a year,. or illegally residing in the U.S. for more than a year and you leave the U.S., that triggers either a 3-year or 10-year bar that prevents that individual from returning to the U.S. and applying for permanent residency.

The main difference between the I-601 form and the I-601A form is that the I-601A form only waives unlawful presence as a ground for inadmissibility and does not waive any other grounds for inadmissibility (such as criminal record, medical condition, etc.). Therefore, you apply for an I-601A form as an unlawful resident who is physically present in the United States.

If an applicant has other issues or events that qualify as grounds for inadmissibility,. they would likely need other waivers to supplement their hardship waiver and application for permanent residence. 

Finally, another form for a hardship waiver you can submit is an I-212,. which is known as an Application for Permission to Reapply for Admission After Deportation or Removal.

Similarly to the I-601A, an I-212 form only waives a history of deportation or removal from the U.S. as a ground for inadmissibility. That is, the only ground for inadmissibility for an applicant filling out an I-212 form is that they have previously been deported or removed.

If an applicant has more than one ground of inadmissibility,. such as a prior removal order and criminal record, they may need to file multiple types of waivers.

 

If You Need to Submit a Hardship Waiver, Speak With an Immigration Attorney Today.

It is clear to see that the process for applying for a hardship waiver,. whether the applicant is submitting an I-601, I-601A, or I-212, is incredibly nuanced and requires thorough and in-depth documentation gathered by the applicant and their relative.

The process of being reunited with a family member who resides outside the U.S. can be emotionally charged,. stressful, and incredibly difficult. At Brooks Law, our attorneys are endlessly devoted to ensuring you are reunited with your loved ones, regardless of their background or history.

It can be incredibly challenging to prove that someone who legally resides in the U.S. will experience extreme hardship should their relative be denied admission to the U.S., and that burden should not fall on one person alone. If you are in need of an immigration attorney to help guide you through the process of filing a hardship waiver, please give us a call at (617)-245-8090 for a case evaluation.