Immigration Hardship Waivers in Tennessee

Many people who travel to or spend a lot of time in the United States become stressed, worried, and overwhelmed when they find out they could potentially be in trouble for entering the country without the proper documents and are at risk of being deported and not allowed to re-enter. The stress can be even worse if you have a loved one in the US who relies on you and would suffer if you left the country.

The US does have a system in place to help people in this situation. The hardship waiver can help noncitizens who came to the US without the proper documentation but whose presence in the country is vital for the well-being, health, or financial condition of a US citizen or permanent resident. A hardship waiver may help you reduce or remove the penalty of being in the country illegally or without the proper permission. If you find yourself facing deportation, please contact a Knoxville immigration lawyer as soon as possible.

What is a hardship waiver?

A hardship waiver is a form that noncitizens can fill out and submit if the United States Citizenship and Immigration Services (USCIS) finds them inadmissible to the United States. This means that if an individual is denied the right to become a permanent resident or to visit or spend time in the United States, they may be able to apply for a hardship waiver to remove the penalty.

To be granted a hardship waiver, you must be able to provide substantial proof showing that extreme hardship exists for an eligible relative. Successfully proving this can be difficult.

Am I eligible to file a hardship waiver?

There are several factors a court may look at when considering whether a person qualifies for a hardship waiver. These include:

Family ties

Having family members in the US, especially children and elderly or disabled adults who you are responsible for caring for, can help support an application for a hardship waiver. Courts may also look at the closeness of ties to family both within the US and outside of the country. Close relationships, such as those between a parent and child, may help illustrate that removal would cause extreme emotional harm. The age of the US citizens or permanent residents, whether the person served in the military, and the country of relocation are all potential factors as well.

Social and cultural impact

 

If the loss of access to US legal systems, including criminal justice and family law, would create hardships for the qualifying relative, courts may consider this. Fear of persecution in the country of relocation and harsh laws or social practices that may punish individuals for ties to the US are also considerations. If the family faces potential social stigma based on gender, identity, religion, or race in their native country, this can further support a claim of hardship. Additionally, if the qualifying relative has strong community ties in the US, a heavy degree of assimilation, and faces potential language barriers in the new country, this all may contribute to the challenges they would face and the validity of a claim of hardship. For instance, a teenage child who does not speak the language in the relocation country would experience extreme hardship and educational setbacks if they were forced to leave the US with a parent.

Economic impacts

If you are facing deportation and the loss of your income would create a severe financial hardship for the qualifying relative, this can also support a hardship claim. In cases where the qualifying relative would have difficulties joining you in the other country because of language and cultural barriers that would prevent them from working, this can also support an application. Also, if costs include those related to caring for disabled family members, the application will be more compelling.

Healthcare considerations

Another factor is if the qualifying resident is experiencing significant health conditions and suitable medical care is unavailable in the relocation country. Psychological impacts on the qualifying relative due to separation or leaving the US, including separation from other family members, are also relevant.

Country conditions

Hardship waivers also include an analysis of the conditions in the relocation country, including violence, civil unrest, environmental disasters, and other factors that impact personal safety. If the country is one that the Peace Corps withdrew from over security concerns, if the US issued travel warnings for the country, or if US citizens stationed there receive hazard pay, these factors can support the application.

What can I do to start the process or file for a hardship waiver?

Before you file for a hardship waiver, you should follow these steps:

• Retain a lawyer: To get the legal help you need and deserve through this complex process, you should immediately retain a lawyer. They can answer your questions and concerns, help you submit evidence and paperwork, and guide you through the hardship waiver process. It is difficult to say whether a person’s circumstances will qualify, but an attorney can help you understand your chances and submit a more compelling application.
• Start gathering proof of your extreme hardship: You should begin gathering as much proof as possible of your extreme hardship. You want to make sure that you have this available and ready to go when it is time.
• Make sure you have a qualifying relative: You can only apply for a hardship waiver if you have a qualifying relative. This means you must know and be close to someone who is an American citizen or lawful permanent resident.
• Make sure the extreme hardship is relevant to your qualifying relative: Lastly, you must ensure that your extreme hardship is relevant to your qualifying relative. Even though you may have personally experienced hardship, you cannot use this information for a hardship waiver. What you must show is proof that your qualifying relative will experience extreme hardship if you are barred from the United States.

Remember your qualifying relative is not required to be your immigration sponsor. You can be sponsored by someone else and still be able to show that your qualifying relative would suffer if you are not allowed in the country.

What type of evidence can help me prove extreme hardship?

Some of the forms of evidence needed to help you prove extreme hardship include:

• Photographs
• Videos
• Medical records and doctor reports/ notes
• Financial reports
• Employment records
• Psychological reports and records
• Expert witness testimonies
• Personal statements from qualifying relatives

Have you been regarded as inadmissible in the United States? If so, please do not wait any longer to contact the Knoxville immigration attorneys at LaFevor & Slaughter. Our legal team can help you appeal this decision by potentially claiming extreme hardship and obtaining a waiver. However, we must first learn about your specific case and unique circumstances to know how to best assist you in this situation. We understand how frustrating and confusing this might be, but with one of our lawyers by your side, you can increase your chances of obtaining a waiver and receiving the best results possible for your case. Call our office or submit our contact form to schedule a meeting today. We can set up a convenient time to talk with you and help you file an I-601 form.