When applying for a green card or visa in Dayton, Ohio, certain past issues can bar you from entering the United States. A hardship waiver asks the government to forgive specific grounds of inadmissibility if your qualifying relative is likely to suffer extreme hardship if you cannot stay in the country. This waiver does not guarantee approval, but it may give you an alternative path when other options seem closed.
Who qualifies as a relative for hardship purposes?
Not every family member will count as a qualifying relative when using a hardship waiver. The law limits which individuals the government will consider when evaluating your case. The qualifying relative must be one of the following:
- Your spouse (must be a U.S. citizen)
- Your parent (must be a U.S. citizen)
- Your lawful permanent resident spouse
- Your lawful permanent resident parent
Without a qualifying relative from this list, you cannot pursue this waiver option. This means you may not be able to stay in the country or adjust your immigration status. Once you establish a qualifying relationship, you must then prove extreme hardship.
What does extreme hardship mean in immigration law?
Extreme hardship goes beyond the normal difficulties that come with family separation. The government considers medical conditions, financial stability, country conditions and family ties. If your absence means your family member will suffer immensely, the government may support your case. They also consider the safety and wellbeing of all family members if you decide to move to your home country.
Fight for your right to stay with your family
Without a hardship waiver, you may face permanent separation from the people who depend on you most. An experienced immigration attorney can help you build a compelling case by gathering all the evidence to show the real impact of your absence. The difference between approval and denial often comes down to how clearly you can prove what your family has to lose.