If you are seeking a U.S. visa or green card, but have been barred because you match one of the grounds of inadmissibility under U.S. immigration law, you may be able to overcome this by requesting a waiver. Your eligibility to apply for a waiver depends on whether you have a qualified U.S. relative who would experience extreme hardship if you were not admitted to the United States. Please continue reading to learn how you can prove extreme hardship and why connecting with an experienced New Jersey Immigration Lawyer is in your best interest.
What is Extreme Hardship?
Under immigration law, extreme hardship is a legal determination that a foreign nationals deportation would cause more than the usual level of hardship for a qualfiiying U.S. relative. It’s not enough to show that your U.S. relative will miss you if you are not admitted to the U.S. because this is expected under any type of separation. Some common factors that are considered when determining extreme hardship include:
- Family ties
- Health conditions and care
- Economic issues
- Educational issues
- Social and cultural issues
How Can I Prove It?
To prove extreme hardship, you must provide substantial evidence with your waiver application. First, you should submit your qualifying U.S. relative’s statement in which they describe all the types of extreme hardship that living outside the U.S. would cause or that living in the U.S. without you would cause. It can be beneficial to submit a personal statement to support your qualifying U.S. relative’s arguments. It’s important to understand that this evidence isn’t about hardship to you, but it’s about how the situation will affect your qualifying U.S. relative. That said, you should provide the following documents to prove extreme hardship for your immigration case:
- Reports issued by the U.S. Department of State, or other governmental or human rights organizations that outline the human rights or other difficult conditions of your home country
- Letters from medical professionals- evidence of physical or emotional conditions that will result in extreme hardship to the U.S. relative.
- Letters from relatives, professionals, professionals, or friends who are in a position to validate certain arguments.
- Copies of tax returns and pay statements-evidence of your household income and monthly expenses.
- Copies of statements showing any debts that need to be settled in the U.S.
- Copies of the qualifying U.S. relative’s professional and educational credentials.
Before you start down this path, it’s advisable to consult a skilled New Jersey immigration lawyer from the Law Offices of Aditya Surti, LLC, who can help you gather evidence to support your case and guide you through this process. Connect with our firm today to learn more about what we can do for you.
