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What is the extreme hardship waiver?

On Behalf of | Jan 11, 2022 | green cards

An immigration waiver can help you to get a visa for yourself or a loved one in circumstances where you may otherwise be unable to. Getting a waiver is not an easy process, but if you meet the requirements and can provide all required information and documentation, it can be a blessing.

The U.S. Citizenship and Immigration Services explains one wavier option is for extreme hardship.

The waiver

The extreme hardship waiver is available in situations where the refusal of a visa to a person would cause serious problems for a family member who is a citizen or lawful legal resident. Extreme hardship can mean different things depending on your situation. For example, if the reason you need a waiver is more serious, then the hardship your family is facing must be more serious.

The authority

The Secretary of Homeland Security has the right to issue extreme hardship waivers.

The qualifications

Qualifying for the extreme hardship waiver depends on why you cannot get a visa. The family members who must suffer the hardship also depend on the reason why you cannot get a visa. In most cases, your family member must be a spouse or parent, but there are some cases where this may be different.

There are some specific provisions. If you are under a ban for three or 10 years due to unlawful presence, then the relatives must be your spouse or parents. If your ban is due to certain crimes of moral turpitude or possession of marijuana, then your parents, spouse or children will qualify you.

You should make sure that you qualify for an extreme hardship waiver before taking the time to apply. However, if you are unsure but you feel you would qualify, then it may be worth it to go through the application process.

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