You may have made your best efforts toward gaining a green card or visa to legally enter the United States. But ultimately, you may be let down if the United States Citizenship and Immigration Services (USCIS) rules that you are inadmissible for entry. At this time, you must not give up entirely, as there still may be a shimmer of hope to make your dream into a reality. That is, you may be able to successfully argue a claim of extreme hardship. With that being said, please follow along to find out how to prove extreme hardship in your ongoing immigration case and how a proficient waivers of inadmissibility attorney in Wisconsin, at Sesini Law Group, S.C., can help you obtain the protection you are so desperately seeking from this country.
How can I prove extreme hardship in my ongoing immigration case?
First of all, you may claim extreme hardship in your ongoing immigration case if you believe that your United States relative would experience such if you were not admitted into the country. If this stance closely resonates with you, then you may proceed forward with filing Form I-601A, Application for Provisional Unlawful Presence Waiver.
Importantly, you must supplement this form with sufficient evidence that backs up your claim. The foundation for such evidence may be a personal statement by your U.S. relative, which details how exactly they may experience extreme hardship without you residing alongside them in the country. You may also supply a personal statement that further supports what they stated. Then, your other forms of evidence may depend on the type of extreme hardship you and your U.S. relative cited.
What constitutes extreme hardship under U.S. immigration law?
Of note, there is no specific United States immigration law that distinguishes between a “normal” versus “extreme” hardship. Therefore, the USCIS may review and make determinations on waiver applications on a case-by-case basis. At the very least, though, your argument for extreme hardship must be more than you and your U.S. relative will simply miss each other if you have to live in separate countries. Nonetheless, below are common examples of what typically constitutes extreme hardship:
- Your U.S. relative may be unable to afford formal childcare and requires your voluntary care services.
- Your U.S. relative may have a serious health condition and requires your care and assistance with daily tasks.
- Your U.S. relative may be financially dependent on you and cannot receive your support from abroad.
- Your U.S. relative cannot join you aboard because they are the primary caretaker of another relative in the U.S.
- Your U.S. relative cannot join you abroad because they are actively earning a degree from a U.S. educational institution.
- Your U.S. relative cannot join you abroad because they will likely be discriminated against in your home country.
In conclusion, at this time, what matters most is that you retain strong legal representation to get you through this critical case. Please contact a talented removal & deportation defense lawyer in Milwaukee, WI today.