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  • Petra Melendez

WHAT IS EXTREME HARDSHIP? AND WHY YOUR LETTER IS SO IMPORTANT


WHAT IS EXTREME HARDSHIP? AND WHY YOUR LETTER IS SO IMPORTANT In some cases, if you entered the United States without legal admission through port of entry, then you may not be eligible to obtain legal status unless you file for a waiver. In some cases, you would have to attend an interview at the United States consulate in your home country and apply for an immigrant visa. The problem, however, is if one or more of the below inadmissibility apply to you, then most likely you will be asked to submit a waiver I601, I601A or I212 to USCIS depending on your case history:

  • You have accumulated unlawful status for more than one year.

  • You have committed / charged with a certain criminal offense.

  • You have been deported from the United States.

  • You have illegally brought a relative into the United States.

In order for your waiver to be granted, you must convince US immigration officials that a denial of your waiver will result in “extreme hardship” to your qualifying relative, a spouse or parent, and (in some cases) children, who are US citizens or US permanent residents. Many common hardships are Economic Hardships, Medical Conditions, Psychological or Emotional Hardships, Family Separation, Language Barrier, and readjustment to life in a new country, and other hardships that the Qualifying Relative might face.

Along with a list of evidence and supporting documents that you must attach with your waiver request i-601, i-601A and i-212, you will also need two written letters, one from the Applicant and one from the Qualifying Relative describing the hardships they will face. These Extreme Hardship Letters (Waiver Letters) are required to show the hardships and difficulties a US citizen or US permanent resident is facing or will face if their family member's (Applicant) waiver application is not approved. For a higher chance that your waiver is approved, you must create a letter that in it's appearance, style, and content, conveys information efficiently and effectively, so that the immigration officials understand your situation clearly and are convinced of your hardship. Failure to convey your message in a concise, clear, and courteous manner could enormously affect the outcome of your waiver case.

I strongly suggest that you hire a professional to handle your letters. Disclaimer: This blog does not constitute legal advice of any kind, and any use of the information above is at the reader's risk. If you need legal advice, please contact an attorney directly.

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