Individuals who do not have legal status in the United States may be faced with a three or 10 year bar depending on each situation. When these individuals decide to leave the country, they may have trouble re-entering due to their status. They can be faced with this bar as a consequence. The United States can bar them from re-entering for a certain period of time. Upon their departure from the U.S., they may face a three-year bar or a 10-year bar.
If this occurs, immigrants may be able to receive a waiver that can prove they are suffering a hardship, which can show that they are needed in the United States. Although immigrants may assume that they can gain access to a green card due to a marriage to a U.S. citizen or other family relationships, the bar is taken seriously due to the illegal status of the individual. Familial ties do not automatically grant immigrants a green card. They may be at risk of not gaining access back into the United States. The extreme hardship waiver can be a way that can lift the bar on the individual entering back into the country. With this waiver, you will have to establish that your assistance is needed in the U.S. for the well-being of your family.
What defines a hardship?
There are specific examples that are given for approval of a hardship waiver. Examples of extreme hardships include a spouse or parent that needs your care for a medical condition, a spouse or parent that is financially dependent on you and you cannot provide adequate support overseas, a spouse or parent that has financial debts in the U.S. and cannot pay without your aid or a spouse or parent that has another sick family member and will be unable to care for them without your support. For these circumstances, it is not enough for the hardship to be on the individual that is being barred. The hardship usually has to relate to a family member that needs their support.
How can I waive the bar?
Upon claiming your hardship, an investigation of the claim will be made to determine the final outcome. This analysis will require you to provide evidence for your hardship. You may wish to submit a personal statement to support the arguments that are required to be made by your qualifying relative. The qualifying relative must provide a personal statement to discuss the hardship being experienced and the effects that your absence would have. During these times where the waiver is being considered, applicants will usually be outside of the United States and have to wait long periods of time for approval.
The Law Offices of Cheryl R. David practices immigration law throughout NYC. If you have questions about your particular matters regarding immigration please contact the office to discuss your circumstances and options.
