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What qualifies for a hardship waiver?

When individuals are faced with the three to 10-year bar, they may be able to acquire a hardship waiver that can overrule the bar. The hardship waiver is only available for certain situations. These circumstances can include an ill spouse or parent who needs caring for, a spouse or parent that needs financial support from your job in the United States, a spouse or parent with debts that need the support from your U.S. employment or a spouse or parent with an ill family member that needs your support. These extreme hardship situations are usually in regards to your family and support that you need to provide them with. It may not apply to yourself as an individual suffering a hardship.

How do I establish that a hardship is present?

In order to prove your hardship, you and your family will go through various steps to justify your situation. Your family may have to make personal statements on how your departure from the U.S. will affect their overall well-being. This can help to show how your presence is needed in the country as a form of support. It can prove that your presence is not just for support, but your finances are as well. To further support their claim, you may also have to write your claim about the situation. To begin the waiver process, you will have to file for a waiver in your own original country. Due to this, the process can take quite some time.

How can the 3-10 year bar affect me?

If individuals stay in the United States for 180 days but less than a year, then decide to leave the country, they may have trouble re-entering. If you are in this situation, you may face a three to 10-year bar. With this bar in place, it may separate you from your loved ones who are back in the United States. The bar can impact your adjustment of status. You should explore options to acquire a waiver in order to do everything you can to improve your chances of entering back into the country.

Our firm understands how much is on the line when clients face matters related to immigration. If you are in need of experienced legal counsel for matters regarding immigration, please contact the Law Offices of Salvatore A. Falletta, LLC and we would be happy to provide you with assistance. Our firm is located in Lyndhurst, New Jersey. Contact us today to schedule a consultation.