Vienna, Virginia (findit) April 16, 2019 - A Vienna immigration attorney at Johnson & Masumi recently published a blog post answering the question, what is an immigration hardship waiver? The waiver can help keep families together if a member is facing deportation, are unable to apply for an adjustment of immigration status while in the U.S., or are unable to immigrate.
To qualify for a hardship waiver, the applicant must demonstrate "extreme hardship" on behalf of a qualifying family member. This means that an immigrant must show that the relative in question would suffer extreme hardship if they were separated due to the immigrant's deportation or refusal of entry into the U.S.. Financial hardship does not qualify an immigrant to receive a waiver. Instead, it must be shown that the relative would be forced to deal with emotional trauma, such as severe separation anxiety, to qualify for a waiver. In most cases, the immigrant's own hardship is not relevant, and the focus is solely on a relative's hardship. However, certain cases may allow for the immigrant to show that they themselves face individual conditions that qualify for hardship.
There are several types of waivers available, each of which applies to a different group of family members. An unlawful presence waiver can be used to allow undocumented immigrants to remain in the U.S. and continue the legal immigration process. A criminal conviction waiver, meanwhile, allows someone who would otherwise be considered inadmissible to the U.S. due to their criminal record to immigrate. Finally, a misrepresentation or fraud waiver forgives previous immigration-related misrepresentation by challenging inadmissibility findings. Unlawful presence waivers and misrepresentation or fraud waivers can be used only for parents or spouses, while criminal conviction waivers also include children in addition to parents and spouses.
For more information about immigration waivers and to determine if you might qualify for one, contact Johnson & Masumi. The firm has years of experience in helping immigrants with their cases, including deportation proceedings, hardship waivers, workers' visas, K-1 visas, and more. The firm can be contacted at 703-688-8279 or online at https://www.johnsonmasumi.com/. Its offices are located at 8300 Boone Blvd. Suite 225, Vienna, VA 22182.
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