Beginning March 4, 2013
USCIS began accepting provisional immigration hardship waivers stateside for immediate relatives of American Citizens
with an an approved I-130 petition.

This is a welcome benefit that will help reunite famililes who had not previously applied for immigration waivers due to the long waits they faced if they departed the United States.


If you have an approved petition and have been invited to go to the consul
to get a visa, be very careful about
leaving the United States.

Just because you have an approved
petition, does not mean you can get a visa.
Depending on your situation, you may be subject to long inadmissibility bars.

Remember: the bars do not kick in until you leave the United States.





ImmigrationHardship Waiver
An American Citizen married the love of her life who happened to have entered the United States illegally. She petitioned for him and the petition was approved. Great! Immigration sent him a letter that he should go back to his home country to get a visa so he can enter as a legal permanent resident. Off he went for his interview. The interview went ok except for the part that the consul told him that he couldn’t enter the United States for 3 years because he had entered the United States illegally. Now what?

This scenario happens very often, even now that USCIS is accepting stateside waivers for immediate relatives of US citizens. If your relative is in this situation, they may qualify for an immigration hardship waiver. In order to get an immigration hardship waiver, the would be immigrant must be able to prove to the satisfaction of the Consul that the petitioning relative who is a US Citizen or Legal Permanent Resident (LPR) will suffer extreme hardship if the would be immigrant is not allowed to enter the United States. No easy task and Immigration waivers are completely discretionary.

Immigration authorities already know that some hardship is to be expected because of the separation of families. That is not enough. Neither is it enough that the would be immigrant would suffer extreme hardship. The hardship must be to the US Citizen or Legal Permanent Resident and the hardship must be extreme.

Immigration waiver cases are decided on a totality of the circumstances. Each case is unique. Some of the factors considered are age and health of the family members, familial relationships, economic factors, emotional factors and ties to the community. The would be immigrant will also have to show that they are a person of good moral character.

The more complete the application the better. Letters from family members including extended family members are important as are letters from the community. If there is a health issue, letters from doctors and medical records should be submitted. It is also important to show country conditions and explain how this will affect the family.

It is essential to prepare a well crafted 601 immigration hardship waiver petition to get a positive result. Attorney Alina Cruz has prepared successful hardship waiver petitions for clients who are now reunited with their family in the United States. If you or your relative need an immigration hardship waiver, call the offices of CruzLaw PA to see how we can help you.