Many applicants for a spousal visa will be required to file for what is called a hardship waiver with the US Citizenship and Immigration Service (USCIS). It is very important to hire a knowledgeable immigration attorney to assist you in preparing and submitting all of the required evidence and documentation for the hardship waiver, because without a waiver, your loved one could be stuck outside of the United States for ten years or more.
To obtain a spousal visa hardship waiver, the immigrant must prove that his US citizen or lawful permanent resident spouse will suffer extreme hardship. Contrary to popular belief, a US citizen or lawful permanent resident child does not help an immigrant qualify for a hardship waiver.
The immigrant must show hardship in two ways: First, that the qualifying spouse or parent will suffer extreme hardship if the immigrant is not allowed to remain in the United States. Second, that the qualifying spouse or parent will also suffer extreme hardship if forced to move outside of the United States in order to live with the immigrant.
To prove hardship to a spouse or parent requires a lot of documentation. USCIS analyses the qualifying relative’s life in many respects. For example, USCIS will want to know the qualifying relative’s medical and mental health history, financial records, school records, employment verification, taxes, and criminal convictions, among many other records. USCIS will also want to know about country conditions in the country where the qualifying relative would live if forced to leave the United States to be with the immigrant. USCIS will also request statements from the immigrant and the qualifying relative regarding their relationship and their perceived hardship as well as supporting letters from friends and family.
Hiring a knowledgeable immigration attorney to guide you through the spousal visa hardship waiver process is imperative. You need to know what documentation is important to provide, how to write your statements, and how to make the best legal arguments for your case. Your immigration attorney can also write her own legal brief to USCIS explaining why your family qualifies for
a hardship waiver according to the US immigration law and policy.
The visa attorneys at Vanderwall immigration have processed many hardship waivers with great success. They know what the government is looking for and how to provide the evidence necessary to get your hardship waiver approved. Don’t risk having your loved one being banned from the United States for 10 or 20 years. If you think you will need a hardship waiver for your spousal visa, call the immigration attorneys at Vanderwall Immigration at 503-206-8414 today.