What defines a hardship to waive a 3-10 year bar?

When an individual enters the country illegally or their visa expires, they can have a three to 10 year bar enforced. This bar can prevent them from entering the country again. They may have to wait years before they are able to go back into the United States. They may be able to request a hardship waiver that could give them access back into the country. There are specific reasons that are required to gain approval for a hardship waiver. Examples of extreme hardships can include a spouse or parent that needs your care for a medical condition, a spouse or parent that is financially dependent on you and you cannot provide adequate support overseas, a spouse or parent that has financial debts in the U.S. and cannot pay without your aid or a spouse or parent that has another sick family member and will be unable to care for them without your support. These circumstances should not be in relation to the individual that is barred. Although they may be scared to be blocked from the U.S., this does not qualify as a hardship. The hardship usually has to relate to a family member that needs may need their support.

If this occurs, immigrants may be able to receive a waiver that can prove they are suffering a hardship, which can show that they are needed in the United States. Although immigrants may assume that they can gain access to a green card due to a marriage to a U.S. citizen or other family relationships, the bar is taken seriously due to the illegal status of the individual. By remaining or entering the U.S. as someone without a legal status, they are putting their future status at risk. Familial ties do not automatically grant immigrants a green card. They may be at risk of not gaining access back into the United States. The extreme hardship waiver can be a way that can lift the bar on the individual entering back into the country. With this waiver, you will have to establish that your assistance is needed in the U.S. for the well-being of your family.

How do I waive the bar?

After claiming your hardship, an investigation of the claim will be made to determine the final outcome on the status of your waiver. This analysis will require you to provide evidence that establishes your hardship. You can submit a personal statement to support the arguments that are required to be made by your qualifying relative to prove your situation. The qualifying relative must provide a personal statement to discuss the hardship being experienced and the effects that your absence would have. During these times where the waiver is being considered, applicants will usually be outside of the United States and have to wait long periods of time for approval.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding immigration law matters, please contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

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