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