Hardship Waivers

If you are undocumented, you could get legal with a "hardship waiver."  

There Is A Way

If your last entry to the U.S. was illegal, or you have an past criminal or immigration record that prevents you from being here permanently, then you should ALWAYS ask a lawyer whether you might qualify for a "hardship waiver."  ALSO, you should also ask a lawyer whether you entered without inspection.  Some of our clients have been surprised with the answer!

What is Hardship?

This waiver allows people to become legal in America IF they can show that separation from their U.S. citizen relative(s) would create extreme hardship on their U.S. citizen relative only.  The standard is not hardship, but extreme hardship.  

Evidence of extreme hardship can take many forms depending on your particular circumstances. The hardship must be to a qualifying U.S. citizen relative.  Hardship to you will only be considered insofar as it affects your U.S. citizen relative.  Mere separation from family is not sufficient to establish hardship.

Proving Extreme Hardship

There are many ways to demonstrate extreme hardship, and all of Chaudhary Law Office's successful hardship waivers have included a combination of most if not all the following:

  • Letters from friends and family
  • Statements from doctors
  • Mental health professionals
  • Teachers, and case workers
  • Medical records
  • Photographs;
  • Financial statements

A statement detailing the exception hardship that would ensue if you had to depart from the U.S. highlighting the strengths of your case in your statement is extremely important.  This legal argument called a brief explains exactly how your circumstances meet the requirements as specified by the law.

Do It Right

A hardship waiver is simply not a form to filled out pleading for the government's mercy.  It is an involved application that integrates a volume of documents from the client that is woven into a strategic legal argument.  It will often take months to prepare, sometimes with certain interim steps.  With such, an involved application, it makes sense to hire an experienced attorney to do it for you.  We are proud of our hardship success record.


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