Hollywood Waivers of Inadmissibility Attorneys
Defining “Extreme Hardship” and Qualifications for Waivers
In determining whether or not “extreme hardship” exists, the following factors are relevant: “age of the subject; family ties in the United States and abroad; length of residence in the United States; conditions of health; conditions in the country to which the alien is returnable – economic and political; financial status – business and occupation; the possibility of other means of adjustment of status; whether of special assistance to the United States or community; immigration history; position in the community.”
Some factors to be considered in determining extreme hardship to the United States citizen/legal permanent resident relative include:
- The presence of LPR or USC family ties to the U.S.
- The qualifying relative’s family ties outside the U.S.
- The country conditions in the country of relocation and the qualifying relative’s ties to that country
- The financial impact of departure from the U.S.
- Significant health conditions, particularly when tied to unavailability of suitable medical care in the country of relocation.
The immigration authorities have determined that relevant factors, though not extreme in themselves, must be considered in the aggregate in determining whether extreme hardship exists. In each case, the trier of fact must consider the entire range of factors concerning hardship in their totality and determine whether the combination of hardships takes the case beyond those hardships ordinarily associated with deportation. Such ordinary hardships, while not alone sufficient to constitute extreme hardship, are considered in the assessment of aggregate hardship.
The extreme hardship means “more than the usual level of hardship that commonly results from family separation or relocation.”
Common consequences of separation or relocation include the following:
- Family separation
- Economic detriment
- Difficulties of readjusting to life in the foreign country
- Quality and availability of educational opportunities abroad
- Inferior quality of medical services and facilities
- The ability to pursue a chosen employment abroad
While none of these “common” results taken alone would be enough to satisfy the extreme hardship standard, their combination may be sufficient.
We will evaluate your case and determine if one of these waivers is available to you:
- I-601A Illegal Entry Waiver
- I-212 Waiver after Deportation
- I-601 Fraud Waiver
Support and Guidance Through Your Legal Concerns
Issues such as prior immigration history, illegal entry, and fraud restrict people’s chance of getting a green card in the United States. The immigration laws have created waivers that cure the barriers to gain legal status in the United States. Those waivers must be well-documented and prepared.
At Magilligan Law, we have experience and success in getting our clients legal status despite their prior immigration history and personal circumstances. We are a boutique law firm that focuses on attorney-client relationships. We make sure our clients feel confident and comfortable to tell us their life stories to build up a solid case. Three of the most common waivers require the applicant to establish extreme hardship to a qualifying relative. For some of the waivers, the qualifying relative must be a U.S. citizen or lawful permanent resident (LPR), spouse, or parent. If the waiver is for criminal conduct, eligible qualifying relatives also include the applicant’s U.S. citizen or LPR son or daughter.