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What is an extreme hardship in immigration?

| Oct 13, 2020 | Uncategorized

People who are facing a deportation because they don’t have proper documentation and are living in the United States. There are some individuals who don’t have a legal status here and have been in the country for a year or longer. They are considered inadmissible, which comes with severe consequences.

Anyone who is considered inadmissible will have to leave the country and serve a 10-year ban on coming back if they want to become a legal resident. It’s sometimes possible to seek a hardship waiver if they’re denied admission into the United States. There are very specific situations that may qualify for this.

One of the factors that must be present is that there has to be a qualifying relative. This is an individual who is a legal resident or citizen who is a parent, child or spouse of the person who’s applying for the waiver.

A person who successfully obtains the waiver, which is sometimes known as the 601 waiver, will be able to try to adjust their immigration status and defer deportation. This doesn’t mean that they will be able to become a permanent resident.

There are four levels of hardships that are considered in these cases. Level 1 is the strongest of these, and each level weakens a person’s chance of success. It’s imperative that anyone who’s going to apply for a waiver understands how to do so. It may behoove you to seek the assistance of an immigration attorney during this process since you need to show that you have an extreme hardship that meets the necessary criteria.