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I-601 Fraud Extreme Hardship Waiver: I am inadmissible, but someone still needs my help!

December 17, 2012

If you entered the country using someone else’s passport, you are inadmissible, and hence cannot receive permanent residency even if you are married to a US citizen. However, if your US citizen or a permanent resident spouse or parent needs your help, the I-601 extreme hardship waiver might be your only option.

The first question anyone should ask is what constitutes an extreme hardship in the eyes of the USCIS. The answer is not so simple. The immigration officer will look at all the details of your application before making a decision. Every answer counts, which means you need to eliminate the possibility of  a misinterpretation. The extreme hardship can be demonstrated through an extreme financial hardship, medical hardship, psychological hardship, etc.

One of the common questions our clients have is whether or not a brother, sister, employer, family friend or even child can be a qualifying person experiencing the extreme hardship. Unfortunately the law regarding I-601 fraud waiver allows only a spouse or parent to be considered when filing for extreme hardship. However, if you assist your spouse or parent in caring for your brother or sister, you may still meet the requirements imposed by the USCIS.. A financial hardship can befall on either spouse or parent if they were to lose your income and will not cope with the growing debt.

That is why it is very important that you consult with a professional, especially when it may be your last opportunity to stay in the United States.

If you have immigration concerns, consult an experienced Immigration attorney at 917-885-2261  and find out about your options.

The Law Office of Alena Shautsova is an Immigration law firm serving clients in Brooklyn, New York City, Long Island, Manhattan, Queens, the Bronx and surrounding communities.