Waiver and Relief

WAIVER OF EXCLUDABILITY

A visa applicant who had violated the U.S. immigration law by having overstayed beyond the authorized period or for having entered the U.S. illiegally will be barred from entering the US. Such person may qualify for a waiver if (s)he has a spouse or son or daughter who is a U.S. citizen or lawful permanent resident (LPR) and demonstrates that that denial of his or her admission would result in extreme hardship for the U.S. citizen or LPR.

Usually the USCIS office at the consulate post will have jurisdication over the waiver application. The decision on waiver application is discretionary

How can one demonstrate Extreme Hardship?
 
A waiver thus will depend on the demonstration that the a denial represents an extreme hardship on the applyting family member. The facts that a hardship exists is not sufficient. It also must be “extreme” that implies an actual and real injury to the United States national or lawful permanent resident in area  such as financial considerations, health, education or any other special factors.

Please contact our office for an assessment of your case.