Individuals that enter the United States without a visa or without inspection may not seek permanent residence from within the country. They must leave the U.S. and obtain an immigrant visa at a consulate abroad. They are generally barred from reentering the United States for three or ten years. These individuals must obtain a “hardship waiver” to obtain a green card to re-enter the country. The qualify for the waiver, the person must prove that their qualifying U.S. citizen or permanent resident relative, which only consists of spouses and parents, would suffer extreme hardship if they are not allowed to return to the United States. Children may only be qualifying relatives for hardship waivers based on other grounds of inadmissibility; they do not qualify as a relative in these circumstances.The applicant must submit a Form I-601 to the U.S. Citizenship and Immigration Services office that adjudicates waivers for the consulate in the country in which they return to. They must also submit a Form I-212 if they are seeking admission after removal or deportation. The individual must present factors that rise to the level of extreme hardship, such as a serious medical condition, personal circumstances, their spouse’s financial dependence on them, or unrest or other significant problems in the foreign nationals’ home country that would make it difficult for them and the petitioning relative to relocate there.
Other circumstances can include proof that conditions in the other country would adversely affect the health, safety, or general welfare of the applicant’s relative; there is a lack of medical treatment in the person’s home country for a chronic medical condition that their relative has; and presence of a threat to the safety of the applicant’s relative due to political or religious considerations in their home country. Sadness and stress accompanying the separation of the relatives does not qualify as an extreme hardship for the waiver.
Contact our Miami-Dade County Immigration Waiver Attorneys
Contact our Miami immigration waiver attorneys at 305-222-7351, or e-mail us to schedule an appointment to discuss your Dade County, Broward County, or Monroe County immigration questions and issues.
Our Miami Immigration lawyers accept immigration law cases in Miami-Dade County, Broward County and Monroe County.
Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, Galiano Street in Coral Gables, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat.