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How Do I Submit A Hardship Waiver for My Husband Who Overstayed His Visa?

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Question:
My husband did not get his green card at the embassy interview because he had overstayed his visitor’s visa for more than 8 years. They told him that he would need an approved hardship waiver before they will allow his return to me and our 5 children. What on earth is a hardship waiver, and how can I get this approval?
Answer:
“Extreme hardship” is a hardship that is, “greater than the hardship normally expected when a person is involuntarily separated from the US citizen or permanent resident spouse or parent (Relative).” Each case is different, but a few examples would be:
  • The relative may have a major medical condition
  • Is unable to move abroad due to ongoing treatment scheduled in the U.S.
  • Needs the immigrant to remain in the U.S. to care for the relative
  • The immigrant’s country is in a state of war or some kind of major political upheaval
  • Sometimes there are children and the other parent will not allow the immigrant to take the children out of the U.S.
  • The children have formed a strong emotional attachment to the immigrant
  • The immigrant has a child s(he) is about to financially put through college