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What Is An Extreme Hardship Waiver?

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Question:
My husband left the U.S. and went home to process his visa. The Embassy has informed him that since he worked here without permission, he will need to file a waiver for “extreme hardship”. What is “extreme hardship”?
Answer:
“Extreme hardship” is 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